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(영문) 서울남부지방법원 2015.07.21 2014가합13045
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On November 3, 2003, the plaintiff asserted that there has been a claim for the construction cost against Gwangju Integrated Construction Co., Ltd., and on November 3, 2003, the real estate sales contract concluded with the defendant as to the real estate listed in the separate sheet (hereinafter "the real estate in this case") was revoked as a fraudulent act, and that the registration of ownership transfer in the name of the defendant should be revoked as a result of restitution to its original state, the defendant is an unlawful lawsuit raised against the exclusion period of the fraudulent act revocation lawsuit, and thus the defendant is dismissed.

A lawsuit for revocation of a fraudulent act shall be brought within one year from the date on which the obligee becomes aware of the cause for revocation and five years from the date of the juristic act (Article 406(2) of the Civil Act), and there is no dispute between the parties that the real estate sales contract between the parties was concluded on November 3, 2003, and it is apparent in the record that the lawsuit of this case was brought on July 22, 2014 with the lapse of five years from the date on which the said real estate sales contract was concluded. Accordingly, the lawsuit of this case is unlawful as a lawsuit brought with the exclusion period.

2. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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