민법 제406조에 대한 문제점과 개선방안

The purpose of this study is to identify the problems with obligee's right of revocation stipulated in Article 406 of the Civil Act, and to suggest reasonable improvements. In other words, obligee's right of revocation is a system when the general property of the obligor, which is the common collateral for the receivables, is abnormally reduced due to the obligor's juristic act and the obligor's ability to repay becomes insufficient, it revokes the fraudulent act through the obligee's claim under the certain conditions, and restores deviant property to obligor's liability property. However, However, as it was pointed out that Article 407 of the Civil Act should be properly interpreted in practice, it was used for research analysis by referring to the legislative cases of Germany, France, and Japan. On the other hand, obligee's right of revocation is derived from 'Actio' in Roman law, and the contents of obligee's right of revocation are only two Articles of 406 and 407 of the Korean Civil Act. Therefore, it is true that theories and precedents are confused in every case in the interpretation and application of laws and regulations. In practice, obligees do not file a lawsuit with the court after providing objective evidence of fraudulent act to the counterparties who have transacted with the obligor, but first, file a lawsuit and then shift the burden of proof to the other party. Therefore, in the exercise of obligee's right of revocation, the position of the beneficiary or acquirer who is the counterpart of the obligor is threatened considerably in various ways. And in the scope of all obligees that received the revocation effect of the fraudulent act, the person who acquired the claim after the fraudulent act, and the beneficiary, etc. It is pointed out as a problem that whether or not to include in obligee differs depending on the theory. Therefore, as a result of minimizing the risk of obligee's right of revocation, and analyzing many cases, interests, and problems that may occur between obligee and obligor, beneficiary and transferee, the Relative Invalid Theory, which is most suitable for our real life according to the changes of the times, was derived as a valid theory.