사해행위취소
1. The plaintiff's action against the defendant A shall be dismissed.
2. As to real estate listed in Appendix 2 List 1:
A. Defendant.
1. The facts of recognition are as shown in annexed Form 1;
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, 3, and 6 (including branch numbers, if any) and the purport of the whole pleadings
2. We examine the legitimacy of the lawsuit against Defendant A ex officio on the legitimacy of the lawsuit against Defendant A.
A. On March 16, 2015, Defendant A applied for individual rehabilitation and the rehabilitation procedure was in progress by filing an application for individual rehabilitation with the Government District Court 2015 Ma20140 on March 16, 2015. Under the aforementioned rehabilitation procedure, the Plaintiff reported the instant claim for indemnity as individual rehabilitation claims, and accordingly, the instant claim for indemnity was finalized in the list of individual rehabilitation creditors, and the fact that a decision to authorize the repayment plan was made on April 1, 2016 can be acknowledged either without dispute between the parties or by adding the whole purport of the pleadings in the evidence Nos. 5 and 7.
B. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in a case where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or where such application is rejected, a claim is confirmed according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is recorded in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors, and therefore, there is no benefit
C. In light of the foregoing legal doctrine, the instant claim for indemnity is confirmed as it is after the instant claim for individual rehabilitation claims are reported as individual rehabilitation claims and entered in the list of individual rehabilitation creditors, and the fact that there was a decision to authorize the repayment plan in the said individual rehabilitation procedure is as seen earlier. Accordingly, the Plaintiff’s lawsuit against Defendant A is ultimately seeking the performance of individual rehabilitation claims indicated in the list of individual rehabilitation creditors.