사해행위취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 15, 2018, the Plaintiff filed a claim against E for the settlement of accounts, etc., and was sentenced to the Seoul Northern District Court (2017 Gohap 27864) to “E shall pay to the Plaintiff 90,378,270 won per annum from January 7, 2018 to November 15, 2018, 5% per annum from the next day to the day of full payment, and 15% per annum from the next day to November 15, 2018.” The above judgment became final and conclusive around that time.
B. As to each of the real estate listed in the separate sheet owned by E (hereinafter “instant real estate”) on September 25, 2017, the ownership of each of the instant real estate was terminated in the future by Defendant B as the Seoul Northern District Court No. 82645, Oct. 12, 2017 due to the purchase and sale on September 25, 2017, as Defendant B’s receipt No. 17832, Apr. 2, 2019 by the same court No. 17832, Apr. 2, 2019; Defendant C, May 20, 2019, based on the trust received on May 20, 2019, by Defendant D Co., Ltd. (F) on May 20, 2019.
(c)
E was declared bankrupt on August 19, 2019 by filing an application for bankruptcy and exemption under the 2059, 2019 at the bottom of the Seoul bankruptcy court.
[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. In a case where a person liable to determine the legitimacy of the instant lawsuit commits an intentional act against the obligee, the obligee may exercise the right of revocation pursuant to Article 406 of the Civil Act.
However, after the bankruptcy is declared against a debtor, the bankruptcy administrator can exercise the avoidance power for the bankruptcy estate (Article 391 and Article 396 of the Debtor Rehabilitation and Bankruptcy Act). In consideration of the fact that the bankruptcy procedure is a collective debt settlement procedure for equal and fair repayment to creditors, the bankruptcy creditor, not the bankruptcy creditor, should exercise the avoidance power after the bankruptcy is declared.
Therefore, after the bankruptcy is declared, the bankruptcy administrator shall exercise the avoidance power for equal repayment to all creditors, and according to the bankruptcy procedure.