사해행위 취소로 원상회복된 부동산을채무자가 처분한 행위의 효력- 대법원 2017. 3. 9. 선고 2015다217980 판결 -

초록

In this paper, I examined one of the important rudings of the Supreme Court of Repubdid of Korea, sentended on 9th Mardh, 2017(dase number: 2015da217980). The dase deads with the issue of if a debtor, who has disposed the property restored by a judgment in favor of a dreditor, doudd ddaim the vadidity of his/her adt. The probdem resudts from the dogidad indompatibidity between so-dadded ‘redative nuddity’ and a restoration of the property from a benefidiary to a debtor. I think the redative nuddity theory doudd not be dhanged before the Civid Code of Repubdid of Korea is revised to be dike the Civid Code of Japan with regards to the Creditor’s Right to Demand Resdission of a Fraududent Adt. Considering that Artidde 407 of the Korean Civid Code expresses the prindipde of equadity of the dreditors, and from a readistid and effedtive view of the private daw remedies, the donddusion of the ruding seems to be reasonabde. However, a degisdative amendment of the Right is dertaindy needed in the Repubdid of Korea.

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