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(영문) 서울북부지방법원 2018.04.24 2017가단105064

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 5, 2016, the Plaintiff sold the instant real estate to the Defendant in KRW 150,000,000.

B. On February 16, 2017, Korea Light Asset Management Loan filed a lawsuit against the Defendant to the effect that the sales contract for the instant real estate should be revoked within the scope of KRW 63,894,164 as a fraudulent act and that the said money should be paid to the light asset management loan.

C. The Plaintiff filed an application for the commencement of individual rehabilitation with Daejeon District Court 2016da51479, and was decided to commence individual rehabilitation on April 21, 2017.

Even after the decision to commence the above individual rehabilitation procedure was made, the plaintiff did not take over the procedure of this case, and this court, ex officio on April 3, 2018, ordered the plaintiff to proceed with the procedure of this case by designating the plaintiff as the litigation administrator of light asset management loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 2 through 4 (including paper numbers), the purport of the whole pleadings

2. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, ex officio whether the lawsuit in this case is lawful, the debtor shall exercise the avoidance power, and the court may order the debtor to exercise the avoidance power, at the request of the creditor or rehabilitation commissioner or ex officio, after the decision to commence the individual rehabilitation procedure is rendered. When the creditor’s revocation lawsuit filed by the individual rehabilitation creditor is pending at the time the individual rehabilitation procedure commences, the lawsuit shall be interrupted until the takeover of the lawsuit or the termination of the individual rehabilitation procedure is completed.

In light of the purport of these regulations and the nature of individual rehabilitation procedures, which are collective debt disposal procedures, and the object of avoidance power, the debtor shall exercise the avoidance power aimed at equal repayment to all creditors after the decision to commence individual rehabilitation procedures has been rendered, and the debtor shall receive or demand repayment of individual rehabilitation claims stated in the list of individual rehabilitation creditors.