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(영문) 대구지방법원서부지원 2014.05.20 2013가단26108
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The parties’ assertion that: (a) while the Plaintiff is liable for reimbursement against the Plaintiff, the Plaintiff made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) under the condition that the Plaintiff is liable for reimbursement against the Plaintiff; (b) on the ground that the agreement on the division of inherited property between the Defendant and B constitutes a fraudulent act detrimental to general creditors, including the Plaintiff, constitutes a fraudulent act; and (c) the Defendant is obligated to cancel the registration of ownership transfer (hereinafter “instant registration”) as stated in the purport of the claim.

In this regard, the defendant asserted that the exclusion period has lapsed since the lawsuit of this case was brought five years after the date of fraudulent act.

2. Article 406(2) of the Civil Act provides that the obligee shall exercise the right of revocation within one year from the date when the obligee becomes aware of the cause of revocation and within five years from the date of the juristic act. Since such exercise period is the period for filing a lawsuit, the lawsuit for revocation of a fraudulent act which was instituted after the lapse of such period shall be dismissed as illegal. In a lawsuit for revocation of a fraudulent act, "the date when the legal act was committed" refers to the date when the juristic act corresponding to a fraudulent act was actually conducted.

(See Supreme Court Decision 2001Da73138, 73145 Decided July 26, 2002. In this case, the health team, the Plaintiff, rather than the date of a certified copy of the registry of the real estate of this case, is in progress on February 15, 2013, stated in the letter of agreement on the division of inherited property (Evidence 5) submitted at the time of the application for registration of this case, and the exclusion period has run from February 15, 2013. Thus, the limitation period has not been exceeded. However, each statement (including each number) stated in subparagraphs 5 through 13 in the letter of agreement on the division of inherited property of this case was in fact

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