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(영문) 대구지방법원서부지원 2016.11.17 2015가단14871
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendants are individually borne.

Reasons

1. Basic facts

A. The Intervenor joining the Plaintiff (hereinafter “ Intervenor”) has a credit card payment of KRW 4,659,808 as of July 14, 2015 against the Plaintiff.

B. On April 13, 2015, the Plaintiff entered into a sales contract with the Defendants with respect to the real estate indicated in the separate sheet that he/she owned, and completed the registration of ownership transfer with respect to each of the above real estate portion in the name of the Defendants on the same day.

C. On August 3, 2015, the Intervenor revoked the sales contract concluded between the Plaintiff and the Defendants on the said real estate as a fraudulent act within the extent of the said claim amount, and filed the instant lawsuit seeking compensation for value. D.

On the other hand, the Plaintiff applied for individual rehabilitation as Seoul Central District Court 2015da161967 and was decided to commence individual rehabilitation on February 15, 2016.

The intervenor's claims against the plaintiff are reported as individual rehabilitation claims.

E. On July 27, 2016, the Plaintiff taken over the instant lawsuit brought by the Intervenor.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 (if there are virtual numbers, including each number), the purport of the whole pleadings

2. Pursuant to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, ex officio whether the lawsuit in this case is lawful, 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, after the decision to commence the individual rehabilitation procedure has been rendered. When the creditor's revocation lawsuit filed by the individual rehabilitation creditor is pending at the time the individual rehabilitation creditor decides to commence the individual rehabilitation procedure, the lawsuit shall be interrupted until the takeover of the lawsuit

In light of the purpose of these regulations and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the avoidance power purpose, the debtor is against all creditors after the decision to commence individual rehabilitation procedures has been made.

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