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1. The instant lawsuit is the Suwon District Court Decision 2013dan111 Decided October 6, 2014.
Reasons
Basic Facts
The plaintiff is an individual entrepreneur who produces and supplies a unique apartment sales household in the name of "C", and the defendant is the defendant's wife.
The Plaintiff borrowed KRW 90,00,000 from the Defendant on October 25, 201, and KRW 390,000,000 from May 16, 2013.
On September 10, 2013, the Plaintiff recovered an attempted claim from filial duty, and repaid KRW 400 million to the Defendant on September 11, 2013.
The Plaintiff, upon filing an application for commencing rehabilitation procedures with the Suwon District Court 2013dan111, was decided on November 8, 2013 and was appointed as a custodian.
However, the above court decided to discontinue the rehabilitation procedures on October 6, 2014, which was prior to the rehabilitation plan approval decision, and the above abolition decision became final and conclusive around that time.
[Grounds] The lawsuit in this case is a lawsuit filed under Article 105(1) of the Debtor Rehabilitation and Bankruptcy Act on the ground that the plaintiff's repayment of debt to the defendant as the custodian A constitutes an act that can be denied under Article 100(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"). The right to set aside under Article 100 of the Debtor Rehabilitation Act is a right that can be exercised only by the custodian under the premise that the rehabilitation procedure is in progress in order to recover the debtor's assets unfairly disposed of before the commencement of the rehabilitation procedure. Even if the right to set aside is exercised during the rehabilitation procedure, if the rehabilitation procedure is completed before the right to set aside is recovered to the debtor, the right to claim the return of the property to the other party as the effect of exercising the right to set aside or the right to claim repayment of the value thereof is also extinguished. Thus, the right to set aside becomes final and conclusive during the lawsuit of denial or the exercise of the right to set aside.