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Concurrent exercise of the right to revoke fraudulent act and monetary compensation

  • DONG-A LAW REVIEW
  • 2012, (55), pp.169-199
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee Hye Jin 1

1동아대학교

Accredited

ABSTRACT

The Civil Code § 406 prescribes ‘Creditor's Right of Revocation’. This provision is probably the only one that treats such a theme in the Civil Code. Such a simplicity may cause inconsistency and confusion in exercising a creditor's right to revoke through a suit. Many case laws might have given solutions to the inconsistency and confusion in exercising the Creditor's Right of Revocation, but logical contradictions have been revealed in interpreting some cases. As an attempt to get a solution to such a contradiction, this paper explores some issues concerning the Creditor's Right of Revocation including ‘concurrent suits revoking fraudulent act and problems in ordering monetary compensation’ and ‘some issues in the distribution procedure’, etc. After inquiring such ones, this paper points out that some supreme court's opinions should be changed.

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