이화여자대학교

초록/요약

Judicial ADR is a resolution by agreement between the parties, but it is also a resolution by a court. As a result of the dispute settlement by judicial ADR, if the property rights of the debtor who was incapacitated are transferred, it is questionable whether it can be revoked as a fraudulent act. Even if mediation, mediation, or transfer of property rights stipulated in a decision recommending a compromise is subject to cancellation if it meets the subjective and objective requirements as a fraudulent act. Judicial precedents regard the transfer of property rights or the establishment of collateral by an incapacitated debtor for a specific creditor as a fraudulent act, regardless of the reasonableness of the price. Furthermore, regarding the subjective requirements of fraudulent acts, they take the attitude that passive ‘recognition’ rather than active ‘harm’ is sufficient. However, if the results of efforts to amicably resolve disputes are easily denied on the grounds that they are fraudulent acts, it becomes a factor that discourages dispute resolution through mediation or reconciliation. To solve these problems, research on various types of mediation and reconciliation techniques is needed. Fundamentally, it should be accompanied by a strict interpretation of the requirements for fraudulent acts and amendments to the law to minimize the anxiety of legal relations caused by the cancellation of fraudulent acts.