사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. A summary of the Plaintiff’s assertion that C bears the obligation to return the lease deposit against the Plaintiff should be revoked as a fraudulent act detrimental to the Plaintiff, and the Defendant is obliged to pay KRW 13,00,000 to the Plaintiff, as a recovery from the revocation of the fraudulent act, as a result of the revocation of the fraudulent act, as KRW 13,00,000.
2. Article 359 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that the bankruptcy trustee shall have the standing to sue in a lawsuit against the bankrupt estate. Article 384 of the Act provides that the right to manage and dispose of the bankruptcy estate shall belong to the bankruptcy trustee. Article 391 of the Act provides that the bankruptcy trustee may exercise the right to set aside with respect to any act that the debtor knows any damage to the bankruptcy creditor on behalf of the bankruptcy estate. Article 396 of the Act provides that the court may order the bankruptcy trustee to exercise the right to set aside upon the request of the bankruptcy creditor or ex officio. Article 406 of the Act provides that if the lawsuit filed by the bankruptcy creditor is pending in the court at the time that the bankruptcy is declared bankrupt, the lawsuit shall be suspended until the takeover or the bankruptcy procedure is completed, and Article 424 of the Act provides that the bankruptcy claim shall not be exercised without resorting to the bankruptcy procedure. In light of the contents and legislative purport of these provisions, the nature of collective debt treatment procedures and the purpose of avoidance power, the bankruptcy creditor shall exercise the right to make repayment to any individual repayment.