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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. In the Changwon District Court Branch Decision 2013Gahap1334, which filed against Nonparty D, the said court rendered a ruling of recommending reconciliation on September 3, 2013, stating that “D shall jointly and severally with the special transportation in the 2013rd century, jointly and severally pay KRW 45,80,000 to Plaintiff A, and KRW 46,30,000 to Plaintiff B until September 30, 2013,” and the said ruling of recommending reconciliation was finalized around that time.
B. On November 12, 2012, Nonparty E completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) under the Defendant’s name on October 11, 2012 (transaction value of KRW 403,00,000).
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 and 2 (including provisional number), and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The Plaintiffs asserted that D’s donation of the instant real estate to the Defendant, the wife on October 11, 2012, constitutes a fraudulent act and filed a claim for compensation for value with the revocation thereof. The Defendant asserted that the Plaintiffs exercised the obligee’s right of revocation on October 1, 2013, which was one year after the date on March 24, 2015, when the Plaintiffs knew of the grounds for revocation, the Plaintiffs exercised the obligee’s right of revocation through an application for modification of the purport of the claim and the grounds for the claim. Therefore, the Plaintiffs’ lawsuit is unlawful as the limitation period has expired.
B. Therefore, in the exercise of the creditor's right of revocation, the "date when the creditor becomes aware of the cause for revocation" means the date when the creditor becomes aware of the requirements for the creditor's right of revocation, that is, the date when the creditor becomes aware of the fact that the debtor committed a fraudulent act with the knowledge that the creditor would prejudice the creditor. Thus, it is insufficient to say that the debtor conducted a disposal of the property, merely because the debtor was aware of the fact that the juristic act constituted an act detrimental to the creditor, and it is more sufficient that the joint security of the claim is insufficient or that such a juristic act