Main Issues

The nature of the claim by the person who has the right to revoke the fraudulent act

Summary of Judgment

Since the right to revoke a fraudulent act aims to relieve the debtor from a legal act that harms the joint security of general creditors, the right to revoke a fraudulent act is required to be a person who has a claim for the purpose of payment of money.

[Reference Provisions]

Article 406 of the Civil Act

Plaintiff-Appellee

The maximum uniform net

Defendant-Appellant

Kim Jong-il

Judgment of the lower court

Daejeon High Court Decision 59 civilian 1181 delivered on June 10, 1960, Daejeon High Court Decision 201Da1181 delivered on June 10, 201

Reasons

Since the right to revoke a fraudulent act is to relieve general creditors in cases where the debtor has done a legal act that harms the joint security of general creditors, the right to revoke a fraudulent act is required to be a person who has a claim for the purpose of monetary payment. Accordingly, in this case, the court below's judgment is inconsistent with the reasoning of the court below that the plaintiff was considered as the right to revoke the fraudulent act and that the purchase and sale of the land between the defendant and the non-party 1 was decided as a fraudulent act.