사해행위취소 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion held the claim for reimbursement against B by subrogation against the National Bank Co., Ltd., the Plaintiff, but sold the real estate indicated in the separate sheet to the Defendant on December 21, 2015. This constitutes a fraudulent act in relation to the Plaintiff, who is the creditor of B, should be revoked.
2. Determination:
A. Article 359 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that the trustee in bankruptcy shall be deemed to have the standing to sue in a lawsuit involving the bankrupt estate. Article 384 of the Act provides that the right to manage and dispose of the bankrupt estate shall belong to the trustee in bankruptcy. Article 391 of the Act provides that the trustee in bankruptcy may exercise the right to set aside on behalf of the debtor with respect to any act that causes damage to the bankruptcy estate. Article 396 of the Act provides that the court may order the trustee in bankruptcy to exercise the right to set aside upon the request of the bankruptcy creditor or ex officio. Article 406 of the Act provides that when the lawsuit filed by the bankruptcy creditor is pending in the court at the time of the declaration of bankruptcy, such lawsuit shall be interrupted until the takeover of the bankruptcy procedure or the termination of the bankruptcy procedure, and Article 424 of the Act prohibits the trustee in bankruptcy from exercising any individual right without resorting to the bankruptcy procedure. In light of the contents and legislative purport of these provisions, the nature of collective debt treatment procedures, the avoidance purpose of the right, etc.