Seoul Civil Attorney | Won a Judgment by Filing a Revocation of Fraudulent Act Lawsuit Against the Ex-Wife's Mother

2024.11.28김국일

The civil attorney won the case by filing a revocation of fraudulent act lawsuit for the client, who explained that his ex-wife owed him money but had gifted and concealed her property to her mother.

1. The Client's Situation

This is an actual case involving a client.

The client wished to retain an experienced attorney and receive high-quality legal services.

The client therefore came to this law firm, which has offices nationwide and provides the legal services of a large firm, and requested assistance.

The attorney listened to the client's account in detail, which was as follows.

The client explained that he had divorced his ex-wife by conciliation a few years earlier and held custody of their two sons.

It was agreed through conciliation that the ex-wife would pay the client 50 million won in consolation money and 1.5 million won per month in child support.

However, from the day the divorce took effect until now, the ex-wife had never once paid child support.

The client tried to carry out compulsory execution against the ex-wife's property. Before that, the ex-wife quickly disposed of the goodwill of the hair salon she had been running to her own mother.

As a result, the ex-wife was placed in an insolvent state, with debts exceeding her property.

The client came to the Seoul civil attorney for assistance, saying he felt at a loss as to how to resolve this situation.

2. The Revocation of Fraudulent Act Lawsuit Explained by the Seoul Civil Attorney

After hearing the client's account, the attorney proposed filing a 🔗revocation of fraudulent act lawsuit.

A fraudulent act refers to an act by which an obligor, when a creditor seeks to carry out compulsory execution against the obligor's property, reduces the obligor's total assets by concealing or damaging the obligor's property or gifting it to a third party, obstructing the creditor's compulsory execution.

In such a case, a revocation of fraudulent act lawsuit may be filed in order to revoke the fraudulent act.

To file a revocation of fraudulent act lawsuit, the following requirements must be met.

△the existence of a claim held by the creditor △the existence of a fraudulent act △the obligor being placed in an insolvent state due to the fraudulent act △the existence of the obligor's bad faith (the obligor's intent to obstruct the creditor's compulsory execution through the fraudulent act) △the lawsuit being filed within 1 year from the day the fraudulent act became known and within 5 years from the day the fraudulent act occurred

3. The Case Assistance Provided by the Seoul Civil Attorney

To lead the client's revocation of fraudulent act lawsuit to a successful outcome, the attorney assisted with the case as follows.

The Fraudulent Act in the Seoul Civil Attorney's Client's Case

Citing the following precedent, the attorney argued that, in this case, the ex-wife had disposed of her sole asset, the hair salon goodwill, to her mother and reached a state of excess debt, so that this transfer of business was a fraudulent act.

▷Supreme Court Decision of December 10, 2015, 2013Da84162

Because a business is functional property in the form of an organic whole organized for a certain business purpose, the tangible and intangible property constituting the business and the factual relationships having economic value function organically together as a source of profit, and become the object of a transaction like a single commodity. And because compulsory execution may be carried out collectively against several pieces of real property, tangible movables, and other property rights (see Civil Execution Act Article 98, paragraphs 1 and 2, Article 197, paragraph 1, and Article 251, paragraph 1), where compulsory execution is carried out collectively against the business property, the goodwill may also be liquidated as a whole. Accordingly, where an obligor reaches a state of excess debt, or deepens an existing state of excess debt, by transferring a business as a whole in which the business property and goodwill are organically combined, the transfer of business is subject to the exercise of the obligee's right of revocation.

The attorney also argued that, because the client's ex-wife had disposed of her sole asset, the hair salon goodwill, to her mother, it was clear that she had a fraudulent intent.

The Method of Restitution in the Seoul Civil Attorney's Client's Case

The attorney argued that the client's ex-wife's mother should transfer the hair salon goodwill back to the ex-wife and revoke the fraudulent act in this case.

Together with this, the attorney emphasized that the client's ex-wife should receive the goodwill back and perform her debt to the client.

4. The Judgment Obtained by the Seoul Civil Attorney

The court, having heard the attorney's arguments, issued a judgment revoking the fraudulent act in this case and ordering the ex-wife to repay her debt to the client.

The client had been placed in a difficult situation, unable to receive child support because of his wife's fraudulent act done in bad faith.

Because of the attorney's assistance, the client was able to revoke the fraudulent act in this case and recover the debt.

If, as in this case, you are in a situation where you cannot receive money you are rightfully owed because of an obligor's fraudulent act, it is recommended to seek the assistance of the 🔗Gangnam Law Firm, where a Seoul civil attorney is at your side, at any time.

서울민사변호사 | 전 부인 모친 상대로 사해행위취소소송 제기해 승소 판결

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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