사해행위취소 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 31, 2013, the gist of the Plaintiff’s assertion: (a) concluded a loan agreement for a vehicle installment financing loan with B and lent money to B; (b) on April 3, 2014, the Plaintiff sold an automobile listed in the separate sheet to the Defendant and completed the ownership transfer registration under the Defendant’s name with respect to the said automobile while failing to repay the said loan; (c) on the ground that the said automobile sales contract in B constitutes a fraudulent act detrimental to the Plaintiff, the obligee, and thus, (d) sought implementation of the procedure for the registration of ownership transfer registration under the Defendant’s name as to the said automobile.
2. We examine the legitimacy of the instant lawsuit ex officio.
According to Articles 391, 396, and 406 of the Debtor Rehabilitation and Bankruptcy Act, after the bankruptcy is declared, when the bankruptcy trustee exercises the right to set aside, and when the creditor's revocation lawsuit filed by the bankruptcy creditor is pending in the court at the time the bankruptcy is declared, the proceedings shall be interrupted until the takeover of the proceedings
In light of the purport of these regulations and the nature of bankruptcy procedures, which are collective debt settlement procedures, and the purpose of avoidance power, a trustee in bankruptcy shall exercise the avoidance power aimed at equal repayment to all creditors after the debtor is declared bankrupt, and a creditor who is not entitled to exercise a bankruptcy claim without resorting to bankruptcy procedures cannot file a lawsuit seeking revocation of a creditor who is able to preserve an individual claim on the premise that the bankruptcy creditor is subject to individual compulsory execution.
In full view of the purport of the entire pleadings in the statement of evidence No. 4, B’s bankruptcy and application for immunity was rendered by Seoul Central District Court 2014Hadan541, 2014Hae-541, 2014Hae-5541, August 22, 2014, and the bankruptcy decision was rendered on August 22, 2014. The fact that the above court is proceeding against B, and the Plaintiff’s claim also is a bankruptcy case in relation to B.