1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. According to Article 406(2) of the Civil Act, a lawsuit for revocation of a fraudulent act shall be instituted within one year from the date when the obligee becomes aware of the cause for revocation, and within five years from the date of the juristic act. Since this period is the period for filing a lawsuit, the court shall dismiss the lawsuit for revocation of a fraudulent act instituted after the period expires as illegal.

B. In this case, the Defendant filed a lawsuit seeking the cancellation of the said legal act on June 4, 2019, where five years have elapsed since the above sale and purchase and the above transfer of ownership were revoked on February 2, 2010, the fact that the Defendant filed a lawsuit seeking the cancellation of the said legal act on February 3, 2010 is clear.

C. The Plaintiff’s lawsuit in this case is unlawful as it was filed with the exclusion period excessive.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.