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(영문) 서울서부지방법원 2015.01.14 2014가단35153
사해행위취소 근저당권말소등기절차이행
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts that the mortgage contract concluded on November 22, 2007 with regard to real estate stated in the attached list between the defendant and C was a speculative act and sought the revocation and reinstatement thereof.
A lawsuit for revocation of a fraudulent act shall be brought within five years from the date of the juristic act.
(Article 406(2) of the Civil Act. The Plaintiff’s lawsuit in this case was filed on August 26, 2014, which was five-year exclusion period from the date of establishing the aforementioned mortgage contract ( November 22, 2007), and thus unlawful.
Therefore, the lawsuit of this case is dismissed.