회생절차에서 채권양도통지이행청구권

A rehabilitation claim refers to a property claim arising from a cause that occurred before the commencement of rehabilitation proceedings. It does not necessarily have to be a monetary claim; non-monetary claims may also qualify as long as they can be evaluated in monetary terms. Case law states that when rehabilitation proceedings commence against the assignor before the assignee satisfies the requirements for enforceability of a claim assignment, the assignee’s right to demand performance of notice of the assignment constitutes a rehabilitation claim. However, the right to demand performance of notice of assignment is difficult to evaluate in monetary terms, and thus there is no need to treat it as a rehabilitation claim. Furthermore, if the administrator (receiver) were interpreted as a “third party” under Article 450(2) of the Civil Act regarding claim assignment, an assignee who has not satisfied the requirements for enforceability would not be able to assert the assignment against the administrator. As a result, there would be no practical benefit in treating the right to demand performance of notice of assignment as a rehabilitation claim. Although the authority to manage and dispose of the debtor’s property transfers to the administrator upon the commencement of rehabilitation proceedings, the debtor’s rights and obligations themselves do not transfer to the administrator, and ownership does not change. Therefore, there is no reason to distinguish the administrator from the debtor in legal relationships with third parties, and the administrator cannot be regarded as a “third party” under Article 450(2) of the Civil Act. When a claim is assigned, the claim is transferred to the assignee while retaining its identity, and the assignor has a contractual obligation to ensure that the assignee can enjoy full rights and benefits over the assigned claim by satisfying the requirements for enforceability. Accordingly, if rehabilitation proceedings commence against the assignor before the assignee has satisfied these requirements, the administrator—who has authority to manage and dispose of the debtor’s property—must notify the third-party debtor of the assignment of the claim. If the third-party debtor makes payment to the administrator, such payment creates a claim that arises after the commencement of rehabilitation proceedings and therefore constitutes an administrative (public-interest) claim.