사해행위취소
1. On January 1, 2015, the Defendant: (a) the Suwon District Court rendered a Suwon District Court registry office with respect to the Plaintiff’s share in the attached list.
D) The defendant is the same as the defendant, which is premised on the fact(s) D and the defendant.
Attached Form
On December 29, 1997, D and the defendant completed the registration of transfer of ownership on the real estate stated in the list (hereinafter referred to as “instant real estate”).
D on February 11, 2015, on the ground of sale on February 9, 2015, the registration of ownership transfer was completed to the Defendant on February 9, 2015.
(F) The Plaintiff was declared bankrupt on January 21, 2016 by the Incheon District Court No. 2015Hadan5494, Jan. 21, 2016, and the Plaintiff was appointed as D’s bankruptcy trustee.
The plaintiff taken over the lawsuit for revocation of the fraudulent act of this case filed by the Korea Credit Guarantee Fund and revised the purport of the claim to the claim for denial registration.
2. The defendant's exclusion period, and the defendant asserted that the substantial cause of the transfer of the real estate in this case to the defendant was agreed on November 22, 1998 between D and the defendant, and that the lawsuit in this case was filed five years after the lapse of such period, and that the exclusion period of the exercise of the right of revocation has expired.
However, the Plaintiff’s exercise of the right to set aside was a sales contract as of February 9, 2015, and it is clear that the exclusion period has not elapsed since then.
(2) The claim of this case was modified in the lawsuit for revocation of fraudulent act due to D's declaration of bankruptcy, and the exclusion period of the exercise of the avoidance power is 10 years pursuant to Article 405 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, the defendant's exclusion period and defense are without merit.
3. Determination as to the cause of action
A. The instant sales contract is an act that causes loss to the bankruptcy creditors by reducing the bankruptcy estate and that causes loss to the debtor D to transfer real estate to the defendant, and is subject to avoidance pursuant to Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act.
B. The defendant's assertion- the denial of fraudulent act.