破産法上 否認權 要件에 대한 몇가지 檢討 - 裁判例를 中心으로

Some issues of the Avoiding power in the Bankruptcy Law

  Facing an adjudication of bankruptcy, one may sell property which will be on the verge of bankruptcy at a reduced price. Where a creditor becomes aware of a debtor"s bankruptcy, he requires obstinately security or payment to cover and collect credits. Generally a debtor may give payment to acquaintance with him. The liability for the debt is decreased because these conducts inflict injury upon equity among creditors. For this reason, there needs a system for fair dividend among the creditors as the payment"s effect is individually denied and property deviated from bankruptcy procedure is returned for liquidation. That is a right of denial and cause legal change so called recovery of bankruptcy for liquidation.   In bankruptcy, the right of denial has been left unsettled in studies but also has been employed little in practice. After IMF measure, the bankruptcy has appeared frequently and it soon becomes subject of concerns. This studies focuses on some issues of the right of denial in bankruptcy which is appear in the series of low courts decisions.