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(영문) 대법원 1962. 6. 21. 선고 62다179 판결
[사해행위취소등][집10(3)민,071]
Main Issues

The starting point of reckoning of the extinctive prescription for creditors in claims based on final judgment.

Summary of Judgment

Since a claim in the obligee's right of revocation does not require a name of debt, there is no reason to change the starting point of the statute of limitations for the right of revocation with a name of debt and the non-existence of claim

[Reference Provisions]

Articles 424 and 426 of the former Civil Act

Plaintiff-Appellant

Plaintiff (Attorney Park Jong-il, Counsel for the plaintiff-appellant)

Defendant-Appellee

Defendant et al.

original decision

Gwangju High Court Decision 4294No794 delivered on March 14, 1962

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are as follows.

According to the plaintiff's cause and purport of claim based on the records, this case's object is originally owned by non-party 1, who is the sole owner of non-party 1,250,00, and even if there was a debt amounting to 1,250,000 won due to a final judgment, he shall make the registration of ownership transfer in collusion with co-defendant 1 of the original court's decision, which is the only property, and he shall make the registration of ownership transfer in the name of the defendant by pretending to sell and purchase, and even though this is invalid, he shall make the registration of ownership transfer in the name of the defendant, and even if not, it shall be cancelled as it constitutes a fraudulent act. ① According to the original judgment, although the court below judged that this case's claim cannot be seen as a false sale based on evidence indicated in the judgment, it cannot be viewed that the court below's claim for cancellation of non-party 1's claim for this case's right to revoke the extinctive prescription period from 97 days to 10,000.

Therefore, the original judgment in the above purport is reasonable and the final appeal in this case is without merit, and it is so decided as per Disposition with the assent of all participating judges.

The judge of the Supreme Court (Presiding Judge) of the Jinjin-man (Presiding Judge) of the Republic of Korea is the maximum leapblebble leaps

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