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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. Nonparty E had a claim of KRW 4,650,292 with respect to Nonparty D, but F, a trustee in bankruptcy of the above credit cooperative, transferred the entire claim against Nonparty D to Nonparty G Co., Ltd. on July 15, 2009, and thereafter, transferred H limited liability companies, I, J, K, K, and the Plaintiff in sequence.
B. On April 14, 2020, the Plaintiff received delegation from K Co., Ltd. and notified Nonparty D of the assignment of claims.
C. The amount of the Plaintiff’s claim against Nonparty D is KRW 4,650,252 as of August 19, 2019; KRW 19,097,326; overdue interest KRW 70,200; and KRW 145,305; KRW 23,817,818.
Meanwhile, Nonparty L owned 123/202 shares of the real estate listed in the separate sheet No. 1 and the real estate listed in Paragraph 2 of the same Schedule (hereinafter “each of the instant real estate”). On July 9, 2010, Nonparty L died. As his heir, Nonparty M, D, N,O, Defendant C, P, and Q, who were his/her child. However, the said heir completed the registration of ownership transfer under the name of the Defendant on November 29, 2016 for each of the instant real estate owned by L based on the instant agreement on the division of inherited property.
E. Nonparty D did not have any property other than the inheritance share of each of the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings
2. The defendant's defense of this case is unlawful, since the lawsuit of this case was filed more than five years after the date on which the division of the inherited property of this case was agreed upon.
However, according to Article 406(2) of the Civil Act, a lawsuit for revocation of a fraudulent act shall be brought within one year from the date when the obligee becomes aware of the cause for revocation and within five years from the date when the obligee becomes aware of the juristic act, which is the period for filing a lawsuit. Thus, if any one of the two periods expires, the exercise of the obligee's right of revocation is illegal with the limitation
at any time constitutes a fraudulent act.