logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.07.20 2018다222747
사해행위취소
Text

Of the part against the Defendant in the lower judgment, the provisions of paragraphs (15) through (20), and (2) of the Attached Table of Donation.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In the exercise of the obligee’s right of revocation, “the date when the obligee becomes aware of the cause for the revocation” means the date when the obligee becomes aware of the requirement for the obligee’s right of revocation, that is, the date when the obligor becomes aware of the fact that the obligee had committed a fraudulent act while

In order for the creditor to be aware of the cause of revocation, it is not sufficient that the debtor simply knows that he/she conducted an act of disposal of the property, and it is also required to know the existence of specific fraudulent act and to know the fact that he/she had the intent to harm the debtor.

(1) In cases where the Korea Deposit Insurance Corporation, etc. exercises the right of revocation against a debtor’s legal act with a claim against the debtor as a preserved claim, barring any special circumstance, whether the Korea Deposit Insurance Corporation, etc. knew of the ground for revocation in relation to the starting point of the limitation period should be determined based on the employee’s awareness in charge of the business related to the collection and preservation of the preserved claim, barring any special circumstance. Thus, if the employee in charge of the collection and preservation of the preserved claim knew of the ground for revocation not only the debtor’s act of disposal of the debtor’s property but also the existence of a specific fraudulent act and the fact that the debtor had expressed his/her intent to injure, it can be deemed that the Korea Deposit Insurance Corporation, etc. knew of the ground for revocation at that point.

(See Supreme Court Decision 2015Da247707 Decided June 15, 2017). Such a legal principle was that the Korea Deposit Insurance Corporation appointed an agent as a trustee in bankruptcy.

The same applies to cases where a direct investigation is conducted with respect to the collection and preservation of preserved claims, and legal measures are directed.

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

C on December 2010

arrow