사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The act that B, who bears the liability for indemnity against the Plaintiff, sells each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property, to the Defendant shall be revoked as a fraudulent act detrimental to the Plaintiff. The Defendant, as a result of revocation of a fraudulent act, is obligated to implement the procedure for registration cancellation of ownership transfer registration, which was completed in the name of the Defendant as to the instant real estate, in the name of the Defendant.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
Article 359 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") provides that the trustee in bankruptcy 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 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 the debtor knows that it 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 on behalf of the bankruptcy estate at 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, the lawsuit shall be interrupted until the takeover or the termination of the bankruptcy procedure, and Article 424 of the Act prohibits the trustee in bankruptcy from exercising his/her individual right. In light of the contents and legislative purport of these provisions, the nature of collective debt treatment procedures, and the purpose of the right to set aside.