On January 9, 2016, it was concluded between the defendant and the non-party C with respect to the real estate stated in the attached list.

1. The defendant's main defense and judgment

A. On January 15, 2018, the Plaintiff asserted that the agreement on the division of inherited property between the Defendant and C on the real estate indicated in the separate sheet “Attachment List” (hereinafter “instant real estate”) was a fraudulent act, and filed the instant lawsuit seeking revocation thereof, the Defendant, on January 15, 2018, filed an application with the Plaintiff for a provisional disposition prohibiting disposal of 2/13 of the 426 square meters of the 426 square meters, which is the subject of the agreement on the division of inherited property, and thus, the Plaintiff was aware that at least there was an agreement on the division of inherited property regarding the instant real estate on the said date, at least one year thereafter, and the instant lawsuit filed on November 29, 2019 is unlawful as the exclusion period.

B. In the exercise of the obligee’s right of revocation, “the date when the obligee became aware of the cause for the revocation” means the date when the obligee became aware of the requirement for the obligee’s right of revocation, that is, the date when the obligor becomes aware of the fact that the obligee had committed a fraudulent act while

In order for the creditor to be aware of the cause of revocation, it is not sufficient that the debtor simply knows that he/she conducted an act of disposal of property, and it is also necessary to know the existence of specific fraudulent act and to know the fact that he/she had the intent to harm the debtor.

If the objective facts of the fraudulent act were known, it cannot be presumed that the reason for revocation was known, and the burden of proof as to the lapse of the limitation period lies on the other party to the lawsuit for revocation of the fraudulent act.

(See Supreme Court Decision 2016Da272311 Decided April 10, 2018). C.

On January 15, 2018, it is difficult to find that there was an agreement between the Defendant and C on the division of inherited property to inherit the instant real estate on January 15, 2018 between the Defendant and C, and it is difficult to find that C had known the fact that the Defendant had attempted to harm. Since there was no other evidence to acknowledge this, the Defendant’s defense on the safety of the instant real estate is

2...