Seoul Central District Court 2010Kadan460275 ( September 19, 2011)

A lawsuit brought after the lapse of one year from the date on which it becomes aware of the cause of revocation of a fraudulent act is illegal.

The plaintiff's claim for revocation of a fraudulent act against a gift property was filed one year after the plaintiff became aware of the cause of revocation due to a fraudulent act.

Article 30 of the National Tax Collection Act

2011Na44626 Revocation, etc. of Fraudulent Act

Korea

United Kingdom A

December 20, 2011

January 6, 2012

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

· The purport of the Yellow Dust

1. Purport of claim

A. The primary claim: ① OO 00-00 square meters prior to 2290 square meters; ② 000-00 square meters prior to 100-00 square meters; ③ 1223 square meters prior to 000 OO Mari-si, Masan-si; and ③ the cancellation of the agreement on donation between the competentCC and KimD on October 17, 2008; and ④ the Defendant shall implement the procedure for ownership transfer registration on the ground of restitution due to the cancellation of fraudulent act. ④ As regards the ownership transfer registration on the ground of 1/5 square meters out of 00-00 forest land and 302 square meters between the competentCC and the Defendant; and the Defendant shall cancel the inheritance re-division agreement between the competentCC and the Defendant on July 1, 2010, and the Defendant shall implement the procedure for ownership transfer registration on the ground of the revocation of fraudulent act.

B. Preliminary Claim: On July 1, 2010, with respect to shares of 1/5 of each of the above real property, the agreement on the division of inherited property between the competentCC and the Defendant was revoked, and the Defendant will implement the procedure for the registration of ownership transfer on the ground of restitution due to the revocation of fraudulent act to the competentCC.

2. Purport of appeal

The decision of the court of first instance revoked the part against the plaintiff among the parts related to the primary claim of the plaintiff. The cancellation of the agreement on donation between the rightCC and KimD with respect to each of the above (1) through (3) on October 7, 2008 shall be revoked, and the defendant will implement the procedure for the pre-registration of ownership due to the cancellation of fraudulent act by the competentCC.

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is the same as that of the court of first instance, and therefore, it refers to the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.