1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

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), and according to each of the statements in Article 406(2)2-1 and Article 2-2, it may be recognized that the agreement on the division of the inherited property on the real estate in the separate sheet between the Defendant and B, claiming a fraudulent act in this case, was made on July 10, 2005. The fact that the lawsuit in this case was brought on October 29, 2015 after five years have elapsed since it is apparent in the record that the lawsuit in this case was brought on October 29, 2015

In light of the fact that the registration of ownership transfer following the agreement on the division of inherited property between the defendant and B on the real estate listed in the separate sheet between the defendant and B was completed on November 6, 2012, the plaintiff asserts that the agreement on the division of inherited property had existed at the time of the above registration, or that the time of registration should be considered within five years from the filing date of the lawsuit in this case in determining whether the limitation period has exceeded

However, the date of the actual fraudulent act should be determined as the standard when the juristic act corresponding to the fraudulent act was committed. However, unless there are other special circumstances, it is inevitable to determine whether such fraudulent act was actually committed based on the date of registration in the register which appears based on the disposal document, and unless there are other special circumstances.

(Supreme Court Decision 2002Da41589 delivered on November 8, 2002). However, according to the evidence Nos. 2-1 and 2-2, the registration of transfer of ownership in the name of the defendant with respect to real estate listed in the separate sheet can be recognized as having a ground for registration of inheritance by an agreement division made on July 10, 2005, and there is no evidence to prove that the agreement on division of inherited property was made on the date other than the above ground for registration. Thus, the agreement on division of inherited property between the defendant and B is acknowledged as above.