사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The grounds for the plaintiff's claim are as shown in the annexed sheet.
2. Determination
A. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the debtor may exercise the right to set aside and the court may order the debtor to exercise the right to set aside, at the request of the creditor or rehabilitation commissioner or ex officio. When a lawsuit filed by the individual rehabilitation creditor is pending at the time when the decision to commence the individual rehabilitation procedure is rendered, the lawsuit shall be interrupted until the takeover or the termination of the individual rehabilitation procedure is interrupted.
In light of the purport of these provisions and the nature of individual rehabilitation procedures, which are collective debt-handling procedures, and the purpose of avoidance power, after a decision to commence individual rehabilitation procedures has been rendered, the debtor shall exercise the avoidance power aiming at equal repayment to all creditors, and the debtor cannot file a lawsuit seeking revocation against the creditor, which is aimed at preserving individual rehabilitation claims that are entered in the list of individual rehabilitation creditors, on the premise of individual compulsory execution by individual rehabilitation creditors who are unable to receive repayment or require repayment.
(See Supreme Court Decision 2010Da37141 Decided September 9, 2010). B.
Judgment
In light of the aforementioned legal principles, if B added the purport of the entire argument to each of the statements in the evidence Nos. 5 (including the paper numbers), the case was instituted on February 17, 2017 by filing an application for individual rehabilitation with the Daegu District Court 2016da201526, and the individual rehabilitation procedure commenced on February 17, 2017. The Plaintiff, an individual rehabilitation creditor, filed the lawsuit of this case seeking the revocation of creditor on the ground that the division of inherited property between B and the Defendant, which is the debtor, is fraudulent. The lawsuit of this case was filed on March 31, 2017, which was recognized after the decision to commence the individual rehabilitation procedure was made, and thus,
Thus, the lawsuit of this case is unlawful and dismissed.