Debt collection attorney, I have a question about a fraudulent transfer cancellation lawsuit.

浏览量5,971

We run a family corporation, but a dispute has arisen over management control. However, we're not large enough to have an internal legal team or attorney, so we're at a loss as to where and how to resolve this issue. We'd like to get legal advice to properly resolve and conclude the management control dispute legally.

debt collection attorney

fraudulent transfer cancellation lawsuit

相关咨询的解答

作者: 정찬우

A fraudulent transfer is an act in which the debtor, knowing that they are harming the creditor, performs a legal act on property that further worsens the debtor's state of insolvency. Simply put, it refers to the act of hiding assets to avoid paying debts.

The fraudulent transfer cancellation lawsuit, stipulated in Article 406 of the Civil Act, refers to a lawsuit that, when it is clearly revealed that a fraudulent transfer was made, cancels the debtor's act and restores it to the debtor's liable property. It is a lawsuit that cancels acts when the debtor's property disposal acts work disadvantageously to the creditor.

If you become aware of the fact of real estate name change, it is important to secure evidence that can prove it and to prove whether there was awareness (intent of fraud) that this would cause or worsen insolvency.

However, since fraudulent transfer is an act that harms the creditor, if there is no actual decrease in the debtor's total property compared to the total debt, it cannot be regarded as a fraudulent transfer.

To proceed with a fraudulent transfer cancellation lawsuit, the creditor's claim must exist, and evidence to prove this is required.

Also, you must prove that the debtor's disposal of the property infringed the creditor's rights, that the disposal was made in the debtor's state of insolvency, and you must be able to prove that the debtor intentionally planned the fraudulent transfer.

The cancellation of fraudulent transfer must be exercised within 1 year from the date of becoming aware of the cause of cancellation, and a lawsuit must be filed within 5 years from the date of the act, so swift action is required.

However, for such litigation results to work in your favor, it is important to collect evidence and make favorable statements in court with the assistance of legal experts such as a debt collection attorney.

If you need help, please seek assistance from our firm's damages and debt collection attorney with extensive experience in fraudulent transfer cancellation cases.