사해행위취소소송의 가액배상 판결에 대한 타 채권자의 보호방안 - 대법원 2014. 8. 20. 선고 2014다28114 판결을 중심으로 -

Abstract

About the creditor egalitarianism in the Civil Code Article 407, in case of returning the original, the Supreme Court sticks to the creditor egalitarianism as a principle. However, in case of the compensation of equivalent value, it is opposed to the creditor egalitarianism. This issue also, is opposed entirely to the creditor egalitarianism. There are many studies that the compensation of equivalent value is opposed to the creditor egalitarianism. And, in January 7, 2013, the Commission for the Civil Code Amendment proposed revised bill for 10 provisions of Civil Code and 1 Article of Civil Execution Act about the Creditor's right of revocation. If the above amendments are promulgated and implemented, the issues that contradict the creditor egalitarianism which is related with compensation of equivalent value including this matter can be solved. However, nobody does not know when the Civil Code amendments are implemented. Therefore, at the compensation of equivalent value the protection for other creditors are needed. And I studied how to protect the other creditors until the enforcement of Civil Code amendments. Especially, in this case, the Supreme Court totally violated creditor egalitarianism. Below are some methods that protect the other creditors, First, the injunction of prohibiting payment to a beneficiary of other creditor. Second, the other creditor attends to fraudulent act revocation litigation as a separated party between revocation creditor and beneficiary. Of course, just with an above injunction and registration as a separated party, it is not resolved the creditor egalitarianism to the compensation of equivalent value. However, including this issue and in case of the same issue with this, it can be regarded that the other creditor can receive the reparations of equivalent value by the principle of creditor egalitarianism to some degree. Therefore, based on this case, about the compensation of equivalent value, this paper would like to try to find the way to protect other parties.