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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On December 20, 2018, “A et al.” filed an application with the Plaintiff for a payment order seeking payment of credit card bills (Seoul Central District Court Decision 2018 tea135354, and December 20, 2018, the payment order became final and conclusive that “The Plaintiff shall pay to A money calculated at the rate of 23.7% per annum for KRW 12,048,052 and for KRW 7,904,389 from December 1, 2018 to the date of full payment.”
B. On November 24, 2016, the Plaintiff donated the instant real estate (hereinafter referred to as “the instant real estate”) to the Defendant and completed the registration of ownership transfer on the same day. C. On February 27, 2019, the Plaintiff asserted that the instant real estate donation by the Plaintiff constituted a fraudulent act and filed a lawsuit seeking revocation against the Defendant. D. On February 7, 2020, the Plaintiff filed an application for commencing individual rehabilitation procedures (Seoul District Court 2020, 2665), and was decided to commence individual rehabilitation procedures on August 27, 2020, included A’s credit card payment claim in the list of individual rehabilitation creditors. E. The instant court, ex officio after the Plaintiff decided to commence individual rehabilitation procedures, ordered the Plaintiff to continue the litigation procedures by designating the Plaintiff as a litigation recipient. [No ground for recognition: the Plaintiff’s dispute, Gap’s 1 through 3, 98, 17, 18, 17, and 18 of the entire pleadings.
2. We examine ex officio the determination on the legitimacy of the instant lawsuit.
According to Articles 584, 347 (1) and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence individual rehabilitation procedures has been rendered, 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. When a lawsuit filed by any individual rehabilitation creditor is pending at the time the decision to commence individual rehabilitation procedures are commenced, the proceedings shall be interrupted until the takeover of the lawsuit or the termination
The purpose and purpose of this provision.