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| TITLE | Supreme Court Decision 2023Da237804 Decided October 18, 2023 【Revocation of Fraudulent Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] When calculating the debtor’s assets at the time of his or her disposal of property, whether assets that do not have substantive value as property and thus cannot serve as joint security for a claim should be excluded (affirmative in principle) and where assets comprise of a claim, requirements for a claim to be included in debtor’s assets In a case where there is substantiation of the existence and scope of a claim, the entity responsible for the argumentation and proof of the fact that the said claim constitutes an asset that cannot serve as joint security for a claim as it does not have substantive value as property due to lack of certainty of performance (held: a creditor filing a request to revoke the debtor’s disposition of property) [2] In a case where the debtor caused or exacerbated a state of insolvency through the assignment of assets including a claim other than the one upon which a discharge of debt is originally sought, standards for determining whether the said assignment constitutes a fraudulent act When estimating the debtor’s disposable assets to determine whether the debtor’s assignment of assets, including a claim whose value is smaller in amount than the one upon which a discharge of a certain debt is sought, to some general creditors caused insolvency, if the assets assigned are excluded from the debtor’s assets, whether the amount of debt corresponding to the amount of the assigned assets should also be excluded from the debtor’s liabilities (affirmative in principle) | |
