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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons for the entry of this case by the court of first instance with respect to this case are as follows: (a) correct “F” as “G”, “B” as “B”, “B” as “B”, and “B” as “B” as “B”, and the fourth and fifth pages 4 and 5 “B” as “B”. However, although the court asserts that there is no evidence to acknowledge this, the court shall include “B” as “B” number; and (b) the same shall apply to the following:
The statement alone is insufficient to recognize it, and there is no other evidence to acknowledge it, and it is identical to the statement in the judgment of the first instance court other than adding the following Paragraph 2 following the third party 5. As such, the additional part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. In addition, the part added as of October 22, 2013, at least the time when the Plaintiff acquired the instant claim from D, or around March 18, 2014, for which the Plaintiff applied for a payment order on the basis of the instant claim, the instant donation contract was deemed to have been aware that it constitutes a fraudulent act. Accordingly, the lawsuit for the revocation of the instant fraudulent act filed after a lapse of two years thereafter is asserted to the effect that it is unlawful by setting the exclusion period of one year.
The "date when the creditor becomes aware of the cause for the revocation", which is the starting point of the exclusion period in the exercise of the creditor's right of revocation, means the date when the creditor becomes aware of the requirement of the creditor's right of revocation, i.e., the date when the debtor becomes aware of the fact that
In order for the creditor to be aware of the cause of revocation, it is not sufficient that the debtor simply knows that he/she conducted an act of disposal of property, and it is also necessary to know the existence of specific fraudulent act and to know the fact that he/she had the intent to harm the debtor.
And after the fraudulent act, the creditor transfers the preserved bonds with the knowledge of the cause of revocation.