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(영문) 서울중앙지방법원 2015.10.22 2014가단5251191
채무부존재확인
Text

1. The plaintiffs' lawsuit against the defendant KF real estate trust company is dismissed.

2. The plaintiffs' defendant.

Reasons

1. Ex officio determination as to the legitimacy of the lawsuit against Defendant K non-real estate trust company (hereinafter “Defendant K non-real estate trust”).

A. All assets owned by the debtor at the time that the debtor is declared bankrupt and the right to manage and dispose of the bankruptcy estate belongs to the bankruptcy estate, and the right to manage and dispose of the bankruptcy estate belongs to the bankruptcy trustee, and any property right arising before the debtor is declared bankrupt shall be a bankruptcy claim, and any bankruptcy creditor shall not exercise any bankruptcy claim without resorting to bankruptcy procedures (see Articles 382, 384, 391, 423, and 424 of the Debtor Rehabilitation and Bankruptcy Act). This purpose is to prohibit any free reorganization of the bankrupt's assets and to assign the right to manage and dispose of the bankruptcy estate to the bankruptcy trustee in a fair and reasonable manner, and at the same time, to prohibit any bankruptcy creditor from participating in the bankruptcy procedure without resorting to bankruptcy procedures in order for the bankruptcy creditor to preserve his/her claims against the bankrupt (see Articles 382, 384, 391, 423, and 424 of the Debtor Rehabilitation and Bankruptcy Act).

(See Supreme Court Decision 2000Da39780 delivered on December 22, 2000, etc.) B.

The Plaintiffs filed the instant lawsuit on September 4, 2014, and filed an application for modification of the purport of, and the cause of, the claim on August 20, 2015, thereby exercising the right to request the withdrawal of funds on the Defendant K non-real estate trust by subrogationing the drats company (hereinafter “drats”) in order to preserve an intermediate payment claim against Drats Co., Ltd. (hereinafter “drats”).

According to Gap evidence Nos. 5 and the purport of the whole pleadings, drhz on August 27, 2014.

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