CONTENTS
- 1. The Client's Situation
- - The Client's Situation
- 2. Relevant Statutes Explained by the Gunsan Law Firm
- 3. Assistance Provided by the Gunsan Law Firm
- - Gunsan Law Firm's Assistance ①
- - Gunsan Law Firm's Assistance ②
- 4. The Court's Decision on the Gunsan Law Firm's Arguments
- - If You Need the Gunsan Law Firm's Help
1. The Client's Situation
Seeking to handle the case together with a law firm and have the suit for revocation of a fraudulent act dismissed, the client came to Daeryun's Gunsan office and explained the circumstances of the case in detail.
The Client's Situation
The account of the client, who had a detailed consultation at the Gunsan law firm, is as follows.
The client received from the plaintiff an application for a payment order based on a monetary claim, and the court issued a payment order against the client.
The plaintiff learned that the client had filed for individual rehabilitation after receiving this payment order, and accordingly filed a lawsuit to revoke a fraudulent act.
If the plaintiff were to lose entirely in this case, the real property in which the client resides could be sold at auction and bank accounts could be attached, placing the client in a very difficult position.
🔗a civil litigation attorney, the client came to the Gunsan law firm hoping to proceed with the case together and succeed in having the lawsuit to revoke a fraudulent act dismissed.
2. Relevant Statutes Explained by the Gunsan Law Firm
A fraudulent act refers to an act of intentionally concealing or disposing of property in order to make it difficult for a creditor to recover a claim.
A person who harms a creditor by concealing, damaging, or fraudulently transferring property, or by assuming a false obligation, for the purpose of evading compulsory execution, shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 10 million won.
Elements of the Offense
1. There must be a specific risk of being subjected to compulsory execution.
2. Property must be concealed, damaged, or fraudulently transferred, or a false obligation must be assumed, for the purpose of evading compulsory execution.
For example, where A sells a house to B at a low price in order to avoid repaying a debt and hides property from a creditor, this is said to constitute a fraudulent act.
3. Assistance Provided by the Gunsan Law Firm
The Gunsan law firm formed a task force of 3 to 20 professionals and reviewed the facts of the case in detail.
The firm then developed a concrete solution and argued as follows.
Gunsan Law Firm's Assistance ①
In the plaintiff's arguments, the basis for acquiring the preserved claim at issue in this case was unclear, and no evidence concerning the assignment of the claim, such as an assignment contract or a notice, was submitted at all.
The firm emphasized that the assignment of the preserved claim to the plaintiff was made primarily for the purpose of litigation and therefore constituted a litigation trust, so the filing of the suit itself was void.
Gunsan Law Firm's Assistance ②
Where a creditor's revocation suit is filed using an individual rehabilitation claim as the preserved claim, even if a portion of the preserved claim exceeds the amount recorded as the individual rehabilitation claim, that claim is the same claim as the individual rehabilitation claim from the standpoint of the subject matter of the litigation.
The firm therefore emphasized that the creditor's revocation suit was likewise unlawful.
4. The Court's Decision on the Gunsan Law Firm's Arguments
The court, accepting the Gunsan law firm's arguments, issued a decision that 'the plaintiff's remaining claims are dismissed. The litigation costs shall be borne by the plaintiff.'
The client then expressed deep gratitude to the Gunsan law firm.
If You Need the Gunsan Law Firm's Help
The case above was one in which a client who received the assistance of the Gunsan law firm had the plaintiff's claim dismissed in a lawsuit to revoke a fraudulent act.
Litigation related to fraudulent acts involves complex facts and evidence, and because legal judgment is important, consulting an attorney can be helpful.
Daeryun Law Firm forms a task force of 3 to 20 professionals to thoroughly analyze a case, gather evidence, and actively assist the client.
Drawing on data from numerous cases it has handled, the firm reviews the issues and prepares an appropriate response.
If you have been served with a lawsuit to revoke a fraudulent act like the case above and cannot find a suitable solution, you are welcome to visit the Gunsan law firm for a consultation at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
