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(영문) 창원지방법원진주지원 2019.07.17 2019가단759
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On May 13, 2013, the Plaintiff filed the instant lawsuit seeking revocation and reinstatement, asserting that the sales contract concluded by the Defendant and D constituted a fraudulent act.

A lawsuit for revocation by a creditor shall be brought within one year from the time when the creditor becomes aware of the cause for revocation and within five years from the date when the juristic act becomes effective. Since the period for exercising the above right of revocation is the period for filing a lawsuit, the court shall ex officio investigate whether such period is observed, and dismiss the lawsuit for revocation by a creditor which has been brought after

Since the fact that the Plaintiff filed the instant lawsuit on January 30, 2019, which was subsequent to the lapse of five years from May 13, 2013, which was the date of the said sales contract, is apparent in the record, the instant lawsuit is unlawful as it fails to observe the filing period of the obligee’s right of revocation.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the instant lawsuit is unlawful in accordance with the conclusion.

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