[1] In a case where multiple creditors meeting the requirements for obligee's right of revocation file a lawsuit for revocation of a fraudulent act and for restitution at the same time or at different times, whether these lawsuit constitutes a double suit (negative), and whether a certain creditor's claim becomes final and conclusive after winning a favorable judgment, the other creditor's claim thereafter has no benefit in the protection of rights (negative with qualification)

[2] In a case where multiple creditors having the requirements for revocation of a fraudulent act and a lawsuit for restitution are pending in several lawsuits by filing a lawsuit for revocation of a fraudulent act and for restitution, whether a judgment ordering revocation of a fraudulent act and restitution by each lawsuit shall be rendered (affirmative), and in a case where the beneficiary is obliged to compensate for the equivalent value, whether each creditor shall order the return of the total amount of the preserved claim (affirmative)

[1] Each obligee meeting the requirements for obligee's right of revocation is entitled to revoke the obligor's act of disposal of his/her own right and seek restitution thereof. Thus, where multiple obligees have filed a lawsuit for revocation of fraudulent act and a lawsuit for restitution at the same time or at different time, these lawsuits do not constitute double lawsuit, and the same claim of revocation of fraudulent act and restitution to the original state against which a certain obligee claims revocation of a fraudulent act and restitution to the original state have become final and conclusive by a favorable judgment against a certain obligee as to the same fraudulent act does not bring no benefit to the protection of the other obligee's right, and the subsequent claim for revocation of fraudulent act and restitution to the original state would no benefit to the extent that it overlap

[2] In a case where multiple creditors filed a lawsuit for the revocation of a fraudulent act and the claim for restitution are pending in several lawsuits, a judgment ordering the revocation of a fraudulent act and the restoration to its original state shall be rendered at the creditor's request. In a case where the beneficiary (including the person who acquired the property by transfer) is obliged to compensate for the value, the beneficiary does not order the return within the scope of proportional distribution to each creditor in proportion to the creditor's claim amount, but rather, the beneficiary shall order the return of the total amount of the preserved claim amount to

[1] Article 406 (1) of the Civil Code, Article 248 of the Civil Procedure Act, and Article 259 of the Civil Procedure Act / [2] Article 406 (1) of the Civil Code

[1] Supreme Court Decision 2003Da19558 Decided July 11, 2003 (Gong2003Ha, 1717) Supreme Court Decision 2004Da65367 Decided March 24, 2005 (Gong2005Sang, 640) Supreme Court Decision 2004Da67806 Decided May 27, 2005 (Gong2005Ha, 1039)

Co., Ltd.

Defendant

Seoul High Court Decision 2005Na17336 delivered on July 22, 2005

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Each obligee who satisfies the requirements for obligee's right of revocation may seek revocation of the debtor's disposal of his own right and restitution thereof. Thus, where multiple creditors file a lawsuit for revocation of fraudulent act and restitution at the same time or at different times, these lawsuits do not constitute double lawsuit, and the same claim for revocation of fraudulent act and restitution becomes final and conclusive upon winning a judgment regarding the same fraudulent act by one obligee does not bring no benefit to the protection of rights of other obligees. Only when the recovery of property or value has been completed, the other obligee's claim for revocation of fraudulent act and restitution would no benefit to the protection of rights within the extent of overlapping lawsuit (see Supreme Court Decisions 2003Da19558, Jul. 11, 2003; 2004Da67806, May 27, 2005). Therefore, in case where multiple creditors file a lawsuit for revocation of fraudulent act and restitution to the original status of the obligee, and the amount of the obligee's claim for restitution to the original status should be returned separately within the extent of the value of each obligee's claim to be returned.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Yang Sung-tae (Presiding Justice)