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(영문) 대법원 2013. 12. 13. 선고 2013다211841 판결
(심리불속행)사해행위소송에 있어서 ‘법률행위 있는 날’이라 함은 사해행위에 해당하는 법률행위가 실제로 이루어진 날을 의미함[국패][국패]
Case Number of the immediately preceding lawsuit

Seoul Northern District Court-2013-Na20180 ( August 14, 2013)

Title

(In the case of a fraudulent act lawsuit, "the date on which the legal act was committed" means the date on which the legal act corresponding to the fraudulent act was actually committed (or failure).

Summary

(Main) The lawsuit of this case filed after the lapse of 5 years from the date of conclusion of the contract for donation of this case is illegal as it is brought after the limitation period expires.

Cases

2013Da211841 Revocation of Fraudulent Act

Plaintiff-Appellant

Korea

Defendant-Appellee

Chapter BB

Judgment of the lower court

Seoul Northern District Court Decision 2013Na20180 Decided August 14, 2013

Imposition of Judgment

December 13, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the assertion on the grounds of appeal by the appellant is clear that it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal of Supreme Court and therefore, it is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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