부인의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the addition or supplement as follows, as to the part claimed by the Defendants as the grounds for appeal. Thus, this is acceptable in accordance with the main sentence of Article 420 of
2. Determination on addition and supplement
A. 1) Defendant C’s assertion that the right to set aside is subject to the exercise of the right to set aside (i) Defendant C filed an application for provisional seizure against the claim before receiving the claim assignment from the debtor, and thereafter received the decision of provisional seizure on December 5, 2016. As such, Defendant C asserted that the debtor’s assignment of the claim to Defendant C is not subject to set aside “the repayment by a third-party debtor in proportion to the amount of the claim.” However, the subject of set aside in this case is not the repayment by the third-party debtor, but the debtor’s assignment of the claim, and thus, the subject of set aside is a social necessary and reasonable act, which is not subject to set aside exceptionally. 2) Even if the act subject to set aside in bankruptcy proceedings is harmful to the bankruptcy creditor, the pertinent act
There may be cases where general bankruptcy creditors are deemed to have been forced or inevitable, and in such exceptional cases, it shall not be subject to the exercise of avoidance power as stipulated in Article 391 of the Act, in light of the guiding ideology and justice of the law, such as equality of creditors, protection of the debtor and coordination of the interests of bankruptcy.
Here, the reasonableness of the act is not only taking into account the subjective state of the debtor, such as the debtor's property and business status at the time of the act, the purpose and intent of the act, but also the source of the repayment fund, the relationship between the debtor and the creditor, and the creditor's in collusion with the debtor.