1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning for the court’s explanation on this part of the facts and the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure

2. We examine ex officio the legality of the instant lawsuit.

A. According to Article 406(2) of the Civil Act, a lawsuit for revocation of a fraudulent act shall be instituted within one year from the date when the creditor becomes aware of the cause for revocation, and within five years from the date of the juristic act. Since this period is the period for filing a lawsuit, the court shall ex officio investigate whether such period is complied with, and dismiss the lawsuit for revocation of a fraudulent act instituted after such period expires

In fact, when a juristic act constituting a fraudulent act was committed, the date on which such fraudulent act was actually committed shall be determined as the standard (see Supreme Court Decision 2001Da73138, 73145, Jul. 26, 2002). However, barring any special circumstance, it is bound to determine whether such fraudulent act was actually committed, centering on the date on which the grounds for registration on the register, which appears to be based on a disposal document, barring any special circumstance.

B. (See Supreme Court Decision 2002Da41589 delivered on November 8, 2002).

With respect to this case, the reason for the registration of transfer of ownership in this case under the name of the defendant as to each of the land of this case is "the donation contract dated May 3, 2010", and the registration is completed on October 19, 2010. As seen earlier, it is reasonable to deem that the contract between C and the defendant as the plaintiff's fraudulent act was concluded on May 3, 2010, which is the date of registration on the register.

C. Therefore, the instant lawsuit was filed on October 17, 2018, when five years elapsed from May 3, 2010, the date of the said donation contract, which was the date of the said donation contract, and thus, is unlawful as the exclusion period expires.

3. Thus, the lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is unfair in conclusion, and the judgment of the court of first instance is revoked, and the lawsuit of this case is filed.