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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Defendant’s lawsuit of this case was filed after the expiration of the exclusion period, and thus, deemed unlawful.
B: (a) On September 24, 2015, the filing date of the instant lawsuit, as of September 24, 2015, a total of KRW 288,864,360, global income tax for the year 2012; KRW 49,220,150, global income tax for the year 2013; global income tax for the year 2014; and KRW 339,753,710, such as global income tax for the year 2014; (b) B entered into a contract with the Defendant who is his/her spouse on July 31, 2013; (c) completed the registration of ownership transfer on the same date; (d) the Plaintiff was withheld on June 30, 2014 for the delinquent tax amount for the year 2012; (e) filed an application for distribution support of KRW 1,669,200; and (e) filed an application for distribution support with the competent district court 2057.2984
9. 23. The revocation of the postponement of reorganization is a fact that the entry of Gap evidence No. 3 can be acknowledged by the whole purport of the pleading or a record clearly.
Meanwhile, the Plaintiff asserted at the complaint on September 23, 2014 as the date on which he/she became aware of the debtor B’s fraudulent act. While the argument in this case is underway, the above assertion was erroneous in accordance with the mistake, and the Plaintiff reversed the claim as of February 2, 2015.
If the obligor has, with the knowledge that it would prejudice the obligee, performed a juristic act aiming at a property right, the obligee may request the court for its revocation and restitution, and such action shall be brought within one year from the date when the obligee becomes aware of the cause of revocation and within five years from the date when the juristic act
(Article 406 of the Civil Act) In light of the facts and circumstances seen earlier, the Plaintiff, at the latest, was aware of the fact that B, the debtor, on September 23, 2014, entered into a contract to donate the instant real estate to the Defendant, the husband, on July 31, 2013.
If so,