Open Decision Ledger · Rehabilitation & bankruptcy
Revival of the counterparty's claim for registration after avoidance of a registration act, and whether impossibility of performance arises from the avoidance registration
Translated from the Korean original. Read the Korean
Supreme Court, Sept. 11, 2025, 2022Da283602 (judgment)
No holding summary · checked against points at issue. The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Case name: 채권조사확정재판에대한이의의소·채권조사확정재판에대한이의의소
Official text on the National Law Information Center
Question
Where, pursuant to Article 394 (1) of the Debtor Rehabilitation and Bankruptcy Act, only the registration act is avoided and the avoidance registration has also been completed, does the counterparty's claim for registration revive, and does the bankruptcy trustee's obligation to complete the registration procedure become impossible to perform?
Holding
Even where a registration act is avoided, the underlying act giving rise to the change of rights does not lose its effect, so the counterparty's claim for registration revives retroactively to the time when the right of avoidance was exercised. However, the Supreme Court held that once the avoidance judgment becomes final and the avoidance registration is completed, the bankruptcy trustee's obligation to complete the registration procedure becomes impossible to perform in light of generally accepted social notions, and it upheld the conclusion of the court below recognizing the plaintiff's bankruptcy claim for damages.
Points at issue, verbatim
권리변동의 원인행위가 여전히 유효하고 성립 요건인 채무자의 상대방에 대한 등기행위만 부인된 경우, 등기행위로 소멸하게 된 상대방의 채무자에 대한 등기청구권은 부인권이 행사된 때로 소급하여 부활하는지 여부(적극)
Unofficial English translation
Where the act giving rise to the change of rights remains valid and only the debtor's act of registration against the counterparty, which is a requirement for the effectuation of the change of rights, has been denied, whether the counterparty's claim for registration against the debtor, which was extinguished by the act of registration, is revived retroactively to the time when the right of avoidance was exercised (affirmative)
Disposition
Dismissed Stated in the decision
상고를 기각한다.
Unofficial English translation
The appeal is dismissed.
Form of the test
Elements stated Read from the decision
파산관재인이 소로써 부인권을 행사한 결과 채무자의 등기행위를 부인한다는 판결이 확정되고 부인등기까지 마쳐진 경우, 파산관재인의 상대방에 대한 등기절차이행의무는 이행불능이 되는지 여부(적극)
Unofficial English translation
Where a judgment denying the debtor's act of registration has become final and conclusive as a result of the bankruptcy trustee exercising the right of avoidance by an action and the registration of avoidance has also been completed, whether the bankruptcy trustee's duty to the counterparty to perform the registration procedure becomes one of impossibility of performance (affirmative)
Factors
- 민사소송법 제415조에서 정한 불이익변경금지의 원칙에 반하는지 판단하는 기준
- 권리변동의 원인이 되는 행위의 효력까지 소멸되는지 여부(소극)
- 채무자의 등기행위를 부인한다는 판결이 확정되고 부인등기까지 마쳐진 경우
- 파산관재인의 상대방에 대한 등기절차이행의무는 이행불능이 되는지 여부(적극)
Unofficial English translation
• The standard for determining whether it violates the principle prohibiting change to a party's disadvantage as provided in Article 415 of the Civil Procedure Act
• Whether the effect of the act giving rise to the change of rights is also extinguished (negative)
• Where a judgment denying the debtor's act of registration has become final and conclusive and the registration of avoidance has also been completed
• Whether the bankruptcy trustee's duty to the counterparty to perform the registration procedure becomes one of impossibility of performance (affirmative)
Relation to precedent
Follows earlier decisions Stated in the decision
대법원 2007. 7. 13. 선고 2005다72348 판결
Unofficial English translation
Supreme Court Decision 2005Da72348 decided July 13, 2007
Decisions referred to
[1] 대법원 2013. 7. 11. 선고 2011다18864 판결 / [2] 대법원 2007. 7. 13. 선고 2005다72348 판결(공2007하, 1268), 대법원 2009. 5. 28. 선고 2005다56865 판결(공2009하, 957), 대법원 2014. 9. 25. 선고 2014다214885 판결 / [3] 대법원 1995. 2. 28. 선고 94다42020 판결(공1995상, 1463), 대법원 2010. 12. 9. 선고 2009다75321 판결
Burden of proof
Not addressed Not in the decision
Open question and revisit condition
After avoidance of a registration, when the counterparty asserts a claim for damages arising from impossibility of performance based on the underlying act as a bankruptcy claim, on what circumstances is the debtor's attributable cause determined?
This reading will be re-examined if Article 394 (1) of the Debtor Rehabilitation and Bankruptcy Act or Article 397 (1) concerning the effect of avoidance is amended, or if a subsequent judgment on the effect of avoidance of registration is rendered.
Cross-family AI independent reading & axis check
7 of 8 axes matched GPT-6 Astra (OpenAI, codex CLI) · 2026-10-16
A comparison with an independent reading by another AI of the same family (GPT-6 Astra), which read only the original text without seeing the first reading, showed that 7 of the 8 axes agreed, while the readings diverged on the eighth axis (Open question and revisit condition).
Axis 8 (Open question and revisit condition): Primary “After avoidance of a registration, when the counterparty asserts a claim for damages arising from impossibility of performance based on the underlying act as a bankruptcy claim, on what circumstances is the debtor's attributable cause determined?” vs Independent “Can the impossibility of performance of the registration obligation be recognized even at a stage where the judgment avoiding the registration act has become final but the avoidance registration has not yet been completed?”
The first reading asks about the criteria for determining the debtor's attributable cause, which is required for a claim for damages, while the independent reading asks whether impossibility of performance can be recognized even before the avoidance registration.
권리변동의 원인행위가 여전히 유효하고 성립 요건인 채무자의 상대방에 대한 등기행위만 부인된 경우, 등기행위로 소멸하게 된 상대방의 채무자에 대한 등기청구권은 부인권이 행사된 때로 소급하여 부활하는지 여부(적극)Raw responses and comparison record: Protocol · Blind readings (JSONL) · Axis comparison (JSONL) · SHA-256 (JSON)
Lower-court contrast & scope of application
Lower-court reading vs. Supreme Court holding
Lower-court context: The court below held that the avoidance of the registration act alone does not extinguish the plaintiff's claim for transfer of ownership registration, that the debtor's obligation to transfer ownership registration was revived by the avoidance registration and remained unperformed, and that the debtor was responsible in terms of attributable cause in view of the circumstances surrounding the delay in registration; it recognized as Claim ⑤ the market value of KRW 9,790,000,000 as of July 19, 2018, the time of impossibility of performance, and, modifying the judgment of the first instance court, fixed the bankruptcy claim at KRW 12,159,263,018. It also rejected the argument that the act of contribution had been rescinded under Article 557 of the Civil Act.
Supreme Court standard: The Supreme Court held that, although certain parts of the reasoning of the court below were somewhat inappropriate, in light of the legal principle that where only the registration act is avoided the claim for registration revives retroactively and that, upon the avoidance judgment becoming final and the avoidance registration being completed, the obligation to complete the registration procedure becomes impossible to perform in light of generally accepted social notions, the conclusion recognizing an impossibility of performance for which the debtor bears an attributable cause was justifiable. Since whether a change to the party's disadvantage is made is determined on the basis of the dispositive part of the judgment, the Supreme Court held that the mere rewriting by the court below of the reasoning concerning Claim ④, which lay outside the scope of adjudication, was not unlawful, and dismissed the final appeal.
Distinguishing conditions
- Cases where not only the registration act but the underlying act giving rise to the change of rights itself was avoided under Article 391 of the Debtor Rehabilitation and Bankruptcy Act
- Cases where the avoidance judgment has not become final or the avoidance registration has not been completed, so that performance of the registration procedure can still be expected
- Cases where the appellate court went beyond merely rewriting the reasoning and reached a different conclusion in the dispositive part with respect to a claim outside the scope of adjudication
Record verification notes
Before asserting the same conclusion, it needs to be checked whether the avoided act is limited to a registration act, whether the underlying act has been rescinded or rendered invalid for any other reason, and whether the Records contain circumstances supporting the debtor's attributable cause for the impossibility of performance.
From the official text
Points at issue
[1] 민사소송법 제415조에서 정한 불이익변경금지의 원칙에 반하는지 판단하는 기준(=판결 주문) / 파산채권조사확정재판에 대한 이의의 소에서 하나의 파산채권에 대하여 그 청구의 일부를 기각하는 제1심판결에 관하여 어느 당사자가 항소한 경우, 항소심의 심판범위 및 이때 심판범위에 속하는 청구의 당부를 심사하기 위하여 파산채권의 발생 등 당해 파산채권의 전반에 관하여 심리할 수 있는지 여부(적극) [2] 채무자 회생 및 파산에 관한 법률 제394조 제1항 본문에 따라 권리변동의 성립 요건행위를 부인하는 경우, 권리변동의 원인이 되는 행위의 효력까지 소멸되는지 여부(소극) 및 권리변동의 원인행위가 여전히 유효하고 성립 요건인 채무자의 상대방에 대한 등기행위만 부인된 경우, 등기행위로 소멸하게 된 상대방의 채무자에 대한 등기청구권은 부인권이 행사된 때로 소급하여 부활하는지 여부(적극) [3] 채무의 이행이 불가능하다는 것의 의미 및 파산관재인이 소로써 부인권을 행사한 결과 채무자의 등기행위를 부인한다는 판결이 확정되고 부인등기까지 마쳐진 경우, 파산관재인의 상대방에 대한 등기절차이행의무는 이행불능이 되는지 여부(적극)
Unofficial English translation
[1] The standard for determining whether it violates the principle prohibiting change to a party's disadvantage as provided in Article 415 of the Civil Procedure Act (= dispositive part) / In an action for objection to a judgment on investigation and determination of bankruptcy claims, where either party has appealed against the judgment of the court of first instance dismissing a part of the claim with respect to a single bankruptcy claim, whether the scope of adjudication of the appellate court may include an examination of the merits of the claim falling within that scope and, for that purpose, the court may hear and examine matters concerning the bankruptcy claim as a whole, including the occurrence of the bankruptcy claim (affirmative) [2] Where the act constituting the requirement for a change of rights is denied in accordance with the main text of Article 394 (1) of the Debtor Rehabilitation and Bankruptcy Act, whether the effect of the act giving rise to the change of rights is also extinguished (negative), and where the act giving rise to the change of rights remains valid and only the debtor's act of registration against the counterparty, which is a requirement for the effectuation of the change of rights, has been denied, whether the counterparty's claim for registration against the debtor, which was extinguished by the act of registration, is revived retroactively to the time when the right of avoidance was exercised (affirmative) [3] The meaning of the impossibility of performance of an obligation, and where a judgment denying the debtor's act of registration has become final and conclusive as a result of the bankruptcy trustee exercising the right of avoidance by an action and the registration of avoidance has also been completed, whether the bankruptcy trustee's duty to the counterparty to perform the registration procedure becomes one of impossibility of performance (affirmative)
Summary of the holding
The official text publishes no summary of the holding for this decision. The quotation and factors in this record are copied verbatim from the points at issue; the evidence for each axis is taken from the points at issue, the order and the reasons.
Order
상고를 기각한다. 상고비용은 피고(병합원고) □□□개발 주식회사가 부담한다.
Unofficial English translation
The appeal is dismissed. The costs of the final appeal shall be borne by the defendant (consolidated plaintiff) □□□ Development Co., Ltd.
Provisions referred to
[1] 민사소송법 제415조, 채무자 회생 및 파산에 관한 법률 제463조 [2] 채무자 회생 및 파산에 관한 법률 제391조, 제394조 제1항, 제396조 제1항, 제397조 제1항 [3] 민법 제390조, 채무자 회생 및 파산에 관한 법률 제394조 제1항, 제396조 제1항, 제397조 제1항
Read 2026-10-16 · Cross-read 2026-10-16. All quotes matched against the official text. The Chinese-character placeholders the court used for anonymised parties are given in their Korean readings, and parenthetical Chinese-character glosses are omitted.
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