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(영문) 서울고등법원 2015.10.29 2015나2028577
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on the instant case is as follows, except for the part of “additional Judgment on the Plaintiff’s argument in the trial” as stated in the corresponding part of the judgment of the first instance, and thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion at the trial of the political party asserts that the subject notified of C’s property change data from the Ministry of Land, Infrastructure and Transport is not only the bankrupt’s trustee but also the Korea Deposit Insurance Corporation, a notification institution under the Depositor Protection Act, but also the Korea Deposit Insurance Corporation was designated as a trustee in bankruptcy, but the bankruptcy court actually appoints an employee of the Korea Deposit Insurance Corporation as a trustee in bankruptcy and takes overall charge of its affairs as a trustee in bankruptcy. Thus, the Plaintiff’s fraudulent act cannot be deemed as having been known on May 3, 2013 when the Ministry of Land, Infrastructure and Transport notified of the result of the inquiry by the Ministry of Land, Infrastructure and Transport, etc.

However, as seen earlier, the reason why the Korea Deposit Insurance Corporation was scheduled to be appointed as a trustee in bankruptcy (Article 15 of the Act on the Structural Improvement of the Financial Industry) requested the Ministry of Land, Infrastructure and Transport on April 19, 2013 to investigate C’s concealed property or to secure data to track property transferred to a third party by fraudulent act. Thus, it cannot be deemed that the status under the Plaintiff Depositor Protection Act and the status of the bankrupt trustee in bankruptcy are separate from that of the bankrupt trustee in bankruptcy (Article 362(2) of the Debtor Rehabilitation and Bankruptcy Act), and even if the trustee in bankruptcy was not notified, it is naturally known as long as the Plaintiff was notified.

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