Ⅰ.
Preface 3
Ⅱ.
Overview of the General Theory of Burden of Proof, etc. 3
1.
The Concept and Distribution of Burden of Proof 3
go.
The concept and subject of burden of proof 3
1) Advocacy and the Burden of Proof 3
2) Principle 5 of Common Claims
3) Exclusion of the application of the principle of advocacy to indirect and auxiliary facts, principle 7 of commonality of evidence
4) Requirements for abstract and uncertain concepts 7
5) Timely submission of attack and defense methods 8
6) Limitations of the principle of advocacy and the exercise of the right to explanation 9
7) Litigation requirements and ex officio investigation matters 9
8) Interpretation and application of laws, rules of thumb, and regulations 11
9) Indirect assertion of key facts 12
10) State the reasons for the judgment regarding the claim 13
me.
Distribution of the Burden of Proof 13
all.
Legal presumption, analogous presumption, agenda 15
1) Legal presumption 15
2) Similar estimation 16
3) Agenda/Consideration 17
2.
20 Specific Examples of Distribution of Burden of Proof Based on the Structure and Form of Legal Regulations
go.
Rule 20 for the 'body and proviso'
1) Distinction between 'main text and clue' and 'before and after' 20
2) Specific examples of distribution of burden of proof and claim according to the prescribed format of 'body and proviso' 24
me.
Provisions of Articles 1 and 2, Form 26
3.
Method of Interpreting Individual Legal Terms Constituting the Required Facts 28
go.
General Interpretation of Laws 28
me.
35 Methods for Exploring Legal Terminology Concepts
all.
Interpretation 37 of 'Same things are same, different things are different'
la.
39 Specific Examples of Interpretation of Individual Legal Terms
1) Distinction between the statute of limitations and the period of exclusion 39
2) Distinction between filing a lawsuit and continuing a lawsuit 40
3) Whether the legal term “good faith” can be interpreted as “good faith and no negligence” or “good faith and no negligence”? 41
4) Meaning and interpretation of “etc.”, “other cases”, and “equivalent to” 45
5) Interpretation of before/after, before/after, more than/less than, majority, over/under, and under 46
6) Interpretation of temporal elements such as past, present, and future tenses, point in time, and period 48
7) The meaning of “~do” and “~can” 50
mind.
Analogical Application and Application 50
1) Analogical application 50
2) Jun Yong 53
4.
Confirmation of applicable laws 55
go.
The Importance of Confirming Applicable Laws 55
me.
General reference point for application of laws 55
all.
Structure and Interpretation of the Supplementary Provisions 56
la.
Amendment of the Act and the Effect of the Transitional Provisions of the Previous Supplementary Provisions 58
mind.
Prohibition of deprivation of property rights by retroactive legislation 58
bar.
Unconstitutional Decision and Applicable Law 59
buy.
Scope of application of case law 62
Ⅲ.
Requirements for Facts and Burden of Proof of Claims by Key Articles of Civil Law 63
1.
General Provisions 63
go.
Principle of Good Faith 63
me.
Causal Law 66
1) Fetal legal capacity 66
2) Capacity of the deceased person to participate 66
a) Lawsuit filed against a deceased person 66
A) A lawsuit filed against a deceased person as defendant 68
D) Death or merger of a party during litigation and suspension, transfer or termination of litigation proceedings 70
(1) Suspension and withdrawal of litigation proceedings 70
(2) Termination of litigation proceedings 73
a) Legal presumption of death and simultaneous death due to declaration of disappearance 74
3) Legal acts of minors with limited capacity 74
a) Objection to cancellation 75
B) Repayment responsibility of minors 77
4) Corporation 77
a) Director's power of representation 77
(1) Claim and proof of the existence of the right of representation 77
(2) Restrictions on the right of representation 79
(3) Abuse of representative power 81
B) Liability for damages of corporations and directors, etc. 81
d) Confirmation suit and formation suit against corporations under civil law 82
(1) Benefit of confirmation 82
(2) General theory of confirmation of legal person under civil law 85
(3) Request for confirmation of non-existence or invalidity of board of directors' resolution 89
(4) Request for confirmation of non-existence/invalidity of general meeting resolution 91
(5) Request for confirmation of the existence of the representative or other executives or members 93
(6) Injunction to suspend directors and other executives from performing their duties 94
(7) Formation of a group 94
all.
Legal Act 95
1) Antisocial and unfair legal acts 95
a) Anti-social legal acts 95
b) Unfair Legal Practices 101
2) Invalidity due to discrepancy between intention and indication 102
a) Indication of non-truth 102
B) False representation of information 103
(1) Burden of proof for false representation 103
(2) Burden of proof for ‘good faith third parties’ 104
(3) Burden of proof for the requirement of opposition against a person who acquired it from a third party 105
3) Expression of intent to cancel 106
a) Occurrence of the right of cancellation, its exercise, and retroactive effect of cancellation 106
b) Cancellation of declaration of intent due to mistake 107
d) Cancellation of declaration of intent due to fraud or coercion 111
a) Conflict of invalidity, cancellation, termination, etc. 112
4) Existence of expression of intent and its interpretation 113
5) Arrival and effect of expression of intent 119
6) Agent 124
a) Proxy 124
(1) Fact 124
(2) Burden of proof regarding the existence of power of attorney 126
(3) Household agency rights between spouses 129
(4) Legal representation of a parent over a minor 130
B) Expression agent 132
(1) Claim responsibility 132
(2) Civil Act Article 125, Representation 133
(3) Civil Act Article 126, Representation 134
(4) Civil Act Article 129, Representation 137
(5) Other 138
d) Approval of unauthorized agency 139
A) Liability of an unauthorized agent to the other party 141
7) Partial nullity, conversion/ratification of invalid acts, ratification of cancellation acts 143
a) Partial invalidity 143
b) Conversion of invalid acts 145
d) Ratification of invalid legal acts 146
Ra) Ratification of a revocable legal act 147
8) Conditions and deadlines 148
a) Legal acts with a condition of suspension or a period of commencement 148
b) Legal acts with conditions for release or termination 151
D) Legal conditions (authorization, permission, etc. from the competent authority) 152
a) Performance deadline 155
(1) The significance of the transition period and the offensive and defensive phase 155
(2) Starting date of delay liability (delay damages) 159
162) Future performance
B) Calculation of period 165
9) Statute of limitations 166
a) Exercise of the right to invoke the statute of limitations 166
(1) Claim responsibility 166
(2) Owner of the original license 167
B) Base point 169
(1) Application of the adversarial principle 169
(2) Burden of proof 170
(3) Rules for Recognition of Starting Points 172
(4) Specific starting point 174
D) Statute of limitations period 179
(1) Ex officio judgment 179
(2) 1 year 180
(3) 3 years 181
(4) 5 years 184
(5) Claim for damages due to illegal acts and non-performance of obligations 184
(6) Claims confirmed by judgment, etc. (10 years) 186
A) Burden of proof for claim of suspension of statute of limitations 187
(1) Reasons for suspension of statute of limitations 187
(2) Location of burden of proof 188
(3) Degree of responsibility for claim 189
(4) Requirements for suspension of the statute of limitations by the highest authority and burden of proof 191
(5) Required facts and burden of proof for suspension of statute of limitations by judicial claim 194
(6) Re-defense of suspension of statute of limitations due to seizure, etc. and re-defense of cancellation/invalidity thereof 200
(7) Requirements for suspension of statute of limitations by debt approval and burden of proof 205
(a) Required facts and burden of proof 205
(I) Specific case 207
b) Suspension of the statute of limitations 210
b) Waiver of the benefit of prescription 210
(1) Fact 210
(2) Payment of debt and waiver of prescription benefits after completion of the statute of limitations 212
(3) Acknowledgment of debt as a reason for waiving the benefit of the statute of limitations (comparison with reasons for suspension) 214
215. Re-defense of the statute of limitations defense based on the principle of counter-faith and abuse of rights
10) Rejection period 216
a) Period for filing a lawsuit and period for exercising rights outside of trial 216
B) Method of exercising rights 217
d) Handling in litigation (matters subject to ex officio investigation) 218
a) Comparison with the statute of limitations 218
(1) Judgment criteria 218
(2) Difference 219
(3) Same point 221
b) Conflict with the statute of limitations period 222
2.
Water Volume 223
go.
Exercise of real rights claims based on ownership, etc. 223
1) General Theory of Property Rights 224
2) Indian Claim 226
a) Delivery claim based on ownership 226
(1) Classification of required facts according to legal provisions 226
(2) Issues related to the defense of safety 227
(3) Claim for additional payment of rent 228
(A) Facts underlying the claim 228
(I) Defense of the right of the possessor to receive the fruits of good faith 230
(D) Defense against waiver or restriction of exercise of use/benefit rights 233
(A) Statute of limitations starting point 235
(Ma) Suit for change of power and objection to claim 236
(4) Defense against the claim for extradition 238
(A) Defense of invalidity of registration of the plaintiff's name 238
(I) Defense of the principle of half-faith and abuse of rights 238
(D) Defense of right of possession 239
(A) Right of passage over surrounding land, etc. 240
(Ma) Purchaser's right of possession and use 244
B) Proof of the fact of 'possession' 244
(1) Direct possession 244
(2) Occupant of building site 246
(3) Opponent of provisional disposition and extradition request 248
D) Distinction from claims for delivery based on other rights 249
A) Claim for recovery of possession by the possessor 250
b) Claim for delivery and return of unjust enrichment between co-owners 252
3) Requirements for claiming demolition of above-ground structures 252
a) Facts underlying the claim 252
b) Issues related to the defense of safety, such as the power of the board of directors 256
D) Defense 258
A) Injunction against disposal of building 258
4) Requirements for eviction claim 259
5) Request for cancellation of ownership registration or request for restoration of true title registration 261
a) Litigation item 261
(1) Standard for identification of identity (comparison with related events) 261
(2) Relationship between the request for cancellation of transfer of ownership registration and the request for transfer of ownership registration for restoration of true title 261
(3) Relationship between request for cancellation of registration and request for restoration of inheritance 262
(4) Conflict between claims for return in the form of debts and claims for real rights 263
B) Facts of claim 265
(1) Request for cancellation of transfer of ownership registration and request for restoration of true title registration 265
(2) Request for cancellation of registration of preservation of ownership 269
(3) Request for cancellation of registration under the Special Measures Act 269
(4) Claim for cancellation against several persons, including the successor 269
(5) Legality of request for cancellation of registration of part of real estate 274
(6) Legality of request for cancellation of registration of change or correction of registered name 276
(7) Invalidity of cause of registration and request for cancellation of registration according to final judgment 277
D) Litigation requirements for claims for cancellation of inheritance registration, etc. (matters for ex officio investigation) 278
(1) Qualification of the executor as a party in a lawsuit related to the subject of a bequest 278
(2) Period of exclusion for request for cancellation of inheritance recovery registration 278
A) Defense of conflict of powers 279
(1) Matters subject to ex officio investigation 279
(2) Order of the subsequent judgment due to conflict of jurisdiction 280
(3) In case a subsequent lawsuit is permitted after a final judgment in favor of the plaintiff 281
(A) Case 281 where retrial is permitted due to the existence of a protection interest
(I) Correction of errors in heirs and inheritance shares in final judgments 282
(D) Re-filing for suspension of the statute of limitations on confirmed claims 283
(4) Time of finalization of judgment 285
(5) The Effect of the Power of the Board; 285 Examples of Types of Conflicts of the Power of the Board
(6) Poetic range of the substrate (standard time) 290
(7) Objective scope of the power of res judicata 295
(8) Subjective scope of the power of the board 298
(9) Effect of the mediation/conciliation record, decision to substitute mediation, and decision to recommend reconciliation 303
(10) Participatory effect and binding force of remand judgment, which are special effects different from the res judicata effect 307
(11) Comparison of the scope of the power of res judicata with the scope of the prohibition of multiple filings and re-filing 308
B) Defense on the main point 310
b) Request for consent from a third party with an interest in registration 311
312. Petition for a judgment ordering a doctor to make a statement
A) Injunction to prohibit disposition for preservation of right to request cancellation of registration 313
6) Application for restoration of registration of cancellation 313
a) Litigation requirements (matters subject to ex officio investigation) 313
B) Burden of proof 315
316) Request for consent from a third party with an interest in registration
7) Claim and proof of 'ownership' 317
a) Whether the confession is valid 318
b) Legal presumption of ownership by registration of possession or ownership 318
D) Proof of acquisition of ownership by original acquisition and acquisition of ownership by legal provisions 319
(1) Original acquisition of land due to circumstances 321
(2) Original acquisition of buildings and sub-buildings through new construction 323
(a) Ownership of new buildings 323
(I) Establishment of separate ownership of a multi-unit building 323
(D) Request for implementation of procedures for changing the name of the building owner of a building under construction 329
(3) Acquisition/loss of ownership and compensation claims through compliance 330
(4) Acquisition of ownership through inheritance or inheritance division agreement 333
A) Proof of acquisition of ownership by existence of legal act at the time of enforcement of the Civil Service Act 333
B) Binding of the judgment on the existence of ownership in a final judgment of a fire 334
me.
Claim for Confirmation of Ownership 334
1) Specificity of the land subject to litigation (= litigation requirements) 334
2) Benefit of confirmation (= requirement for litigation) 335
a) Positive example 335
B) Non-regular 337
d) In the case of a request for confirmation of land ownership against the state, 338
3) Base plate power 340
4) Facts underlying the claim 342
5) Relationship with the boundary determination cow 343
all.
Presumptive power of registration 344
1) Contents of estimation power 344
2) Presumptive power of ownership preservation registration 345
3) Presumptive power of transfer of ownership registration 346
4) Presumptive power of registration application in the name of the deceased 347
5) Claim and proof of registration of conformity with substantive relationship 348
6) Presumptive power of registration under various special measures laws 351
7) Estimation power of registration 353
8) Estimation power of the ledger 355
la.
Real Estate Trust 356
1) Effect of real estate trust agreement and registration thereof 356
2) Recognition of the fact of nominal trust 356
a) General Theory 356
b) Recognition of the fact of trust in the clan's name for clan members, etc. 358
D) Distinction between a three-party registered trust and a contractual trust 359
3) Request for cancellation of registration of trust in name and registration based on trust 360
a) Request for cancellation of trust registration 360
b) Request for cancellation of registration based on trust registration 361
4) Request for performance of transfer of ownership registration procedure due to termination of nominal trust 363
a) Whether to quote 363
(1) In case the nominal trust is invalid 363
(2) In case the nominal trust is valid 363
B) Litigation item 365
365 Burden of proof regarding tax evasion purposes, etc.
A) Attack and defense method 366
5) Claim form for liquidation of invalid nominal trust relationship 367
a) Claims pursuant to a trust registered between the parties 367
(1) Bilateral registered trust regarding real estate owned by the trustee 367
(2) Bilateral registered trust regarding real estate owned by the trustee 369
B) Claim 370 pursuant to a three-party registered trust
D) Claims pursuant to contractual trust 371
(1) Trust in the name of the seller's good faith contract 371
(a) Good faith contract trust 'after' the enforcement of the Real Estate Real-Name System Act 371
(I) Good faith contract trust 'before' the enforcement of the Real Estate Real-Name Registration Act 374
(2) Seller's bad faith contract trust 375
mind.
Statute of limitations 376
1) Requirements for the statute of limitations for acquisition of possession 376
2) Subject of acquisition by prescription 377
a) Cases where the acquisition cannot be subject to prescription 377
b) Limitation on acquisition by prescription of national and public property 378
3) Possession Fact 381
4) Estimation of frequent possession 383
a) Claim of possession by another person, burden of proof, and method of proof 383
B) Specific example 384
(1) Possession of land by other owners according to the nature of the right 384
(2) In cases where it is deemed to be possession by another person in light of external and objective circumstances 385
(3) Malicious unauthorized possession 386
(4) Failure to prove the right of self-occupancy and whether it is presumed to be extinguished 386
d) Conversion of other-ownership to self-ownership 387
5) Other attack and defense methods against prescription acquisition 388
a) Suspension of statute of limitations 389
(1) Degree of responsibility for claim 389
(2) Reason for suspension 390
b) Waiver of the benefit of prescription 391
6) Effect of the statute of limitations for acquisition of possession 392
7) Statute of limitations for acquisition of registered property 394
bar.
Good faith acquisition of real estate 396
1) Required facts for the defense of good faith acquisition 396
2) Grounds for rebuttal to the defense of good faith acquisition 398
3) Special provisions for stolen goods and lost items 398
4) Other 399
buy.
Share 399
1) Preservation of shared property 399
a) Request for cancellation of registration 399
b) Claim for exclusion of interference with India 401
403 Preservation and management of common areas and land of multi-family buildings
2) Claim for return of unjust enrichment 404
a) Civil Code Public Property 404
b) Common areas and land of the multi-family building 405
3) Management fee claim for unit owners 408
a) Parties and grounds for claim 408
B) Defense 410
4) Right of collateral for defects of the owner of a multi-unit building 411
5) Claim for division of shared property 412
a) Requirements for litigation (matters subject to ex officio investigation) 413
B) Purpose of claim and facts underlying the claim 415
D) Division method 416
A) Effect 418
ah.
Total oil 419
1) Requirements for litigation regarding total property (matters subject to ex officio investigation) 419
a) Capacity of a party to a ‘non-corporate association’ 419
B) Manuscript eligibility 422
D) Existence of legitimate representation 424
2) Burden of proof of compliance with internal procedures for the management and disposal of total assets 425
3) In the case of an act not corresponding to the management or disposal of total property, 427
ruler.
Limited Real Rights 429
1) Volume 429
2) Ground rights 429
a) Statutory ground rights 429
(1) Requirements for the establishment of statutory ground rent 429
(2) Special agreement on waiver of statutory ground rights, such as agreement to demolish buildings, Article 432
b) Extinction of surface rights 433
(1) Claim for extinction of surface rights and grave site rights due to non-payment of rent 433
(2) Expiration of surface rights and renewal/purchase request 434
3) Child custody rights 434
a) The appearance of the claim of kindergarten rights 434
B) Requirements for civil custody 436
(1) Possession of property or securities owned by others 436
(2) Occurrence of secured debts related to the object and arrival of the payment period 436
(3) Claim for exercising the right of custody 439
439. Requirements for the right to custody of a superior
a) Reasons for Obstruction or Extinction of the Right to Childcare 440
(1) Commencement of illegal occupation 440
(2) Exclusion of right of custody clause 441
(3) Violation of the principle of good faith or abuse of rights 442
(4) Prohibition of objection against the purchaser of a lien acquired after the registration of the decision to commence an auction 442
(5) Claim for extinguishment of right of custody 443
(6) Extinction of secured claims 444
(7) Extinction of lien due to loss of possession 446
B) Effect 446
4) Lien 447
5) Application for cancellation of mortgage registration 447
a) Required facts for requesting cancellation of mortgage registration 447
b) Relationship between the request for cancellation of registration based on a collateral contract and the request for cancellation of registration based on ownership 448
D) Presumptive power of mortgage registration 450
A) Claim and proof of ‘invalidity of the cause of registration of mortgage establishment’ 451
(1) Confirmation and non-existence of secured debt 451
(2) Registration of mortgage in the name of a third party 454
(3) Payment of secured debt 454
(A) Debtor 454
(I) Third party acquirer 455
(All) Material Guarantor 456
(A) Subrogation of the Defendant 456
(Ma) Subrogation of joint mortgage 460
(4) Completion of the statute of limitations for secured debt 466
(a) Third-party acquirer or guarantor's independent right to invoke the statute of limitations 466
(I) Exercise of rights against third-party acquirers or guarantors and suspension of the statute of limitations 467
(D) Statute of limitations for claim reporting 469
(5) Invalidity of the mortgage contract itself, etc. 469
470) In case of transfer of mortgage
(1) Transfer of mortgaged debt 470
(2) Defendant eligibility and eligibility for deletion 470
B) Defense of the Agreement on Use of Registration and Agreement on Substantive Relationship 471
Pre-performance judgment 472
A) Request for confirmation of non-existence of secured debt 472
(1) General Theory of Claims for Confirmation of Non-Existence of Debt 472
(a) Benefit of confirmation (=requirements for litigation, matters subject to ex officio investigation) 472
(I) Distribution of burden of proof and claim 477
(All) Request for confirmation of non-existence of debt exceeding a certain amount 477
(A) Base plate power 478
(2) Relationship with request for cancellation of mortgage registration 478
6) Claim for removal and prevention of encumbrances based on mortgage 480
7) Claim related to material damages 481
8) Claim related to provisional registration collateral 484
3.
General Provisions on Bonds 489
go.
Liability for Default 489
1) Consolidation of lawsuits and claims related to claims for damages 490
a) Claims for damages based on default and tort, respectively 490
b) Conflict of laws and claims, selective merger and preliminary merger 491
d) Separate lawsuit according to damage classification 494
a) Some claims 496
B) Merger of original payment claim and compensation claim 498
B) Other 499
2) Fact of default 499
a) Impossibility of performance 499
b) Default in performance of obligations other than impossibility of performance 503
D) Creditor's Delay 504
3) Illegal Act 504
4) Reason for Attribution 506
5) Occurrence and scope of damage 511
a) Proof of claim regarding occurrence and scope of damage 511
(1) Actual and confirmed damages 511
(2) Special provisions on default on monetary obligations; Delay damages rate 513
(a) Article 397, Paragraph 513 of the Civil Act
(I) Commercial statutory interest rate, special laws such as the Labor Standards Act, and delay damages rate 514
(D) Delay damages rate under the Special Act on Expedition of Litigation, etc. 516
(3) Performance deadline and delay liability 516
(4) Base point for calculating compensation amount 516
(5) Method of psychological and judgment of damages 517
(6) Ordinary damages and special damages 518
(7) Loss of trust interest and loss of performance interest 521
(8) Mental damage 521
B) Offset of profit and loss 523
(1) Concept of profit and loss offset 523
(2) Presence or absence of claim responsibility 524
(3) Order of profit and loss offset and negligence offset 525
(4) Deduction of 'social insurance benefits', so-called 'broad profit and loss offset' 525
(5) Deduction of damage insurance benefits 531
(6) The chronological relationship between the deceased's claim for damages, "inheritance," and "survivor's pension deduction" 531
d) Limitation of liability, including set-off of negligence 532
6) Estimated amount of damages 538
a) Required facts for claiming estimated damages 538
B) Defense of non-existence of cause for attribution, etc. 541
D) Ex officio reduction of the scheduled amount 542
A) Above penalty 543
(1) Proof of claim regarding penalty 543
(2) Reduction of penalty 543
7) Claim for compensation 544
me.
Subrogation of Creditors 546
1) The other party to the performance of obligation 546
2) Relationship with direct claims based on the creditor's own rights 547
a) Distinction between direct and subrogated claims 547
b) Provision 549 on direct claims against third-party debtors as an exception to the principle of relative effectiveness of claims
3) Existence of secured claims 550
a) Litigation requirements 550
B) Whether it is a matter for ex officio investigation 551
D) Specificity and survival of the victim 551
A) Proof of secured debt 552
554) Whether or not to accept claims for extinction of secured claims, etc.
b) Exercise of subrogation rights by bankruptcy creditors 554
4) The need for preservation (≒ the debtor's insolvency) 555
a) Litigation requirements (matters subject to ex officio investigation) 555
b) Active and passive requirements 555
D) If the secured claim is a monetary claim, 556
a) If the secured claim is a specific claim 558
B) Specific criteria for calculating the powerlessness 559
5) Non-exercise of debtor's rights 561
a) Litigation requirements 561
b) In case of a final judgment of loss on the merits due to a suit filed by the debtor 561
D) Relationship with duplicate filings 562
6) Debtor's rights against third-party debtors (right of subrogation) 564
a) Right 564 as the object of creditor's subrogation
b) Ex officio investigation into whether there is a conflict of power 566
D) Scope of attack and defense methods 567
a) Disposition of the debtor's subrogated right after the creditor's subrogation 569
all.
Creditor Cancellation 571
1) Litigation 571
a) Litigation and claim type 571
b) Distinction between change of claim and change of attack method 573
D) Relationship between claims for return of original goods and claims for compensation 574
(1) Requirements for compensation 574
(2) Relationship between claims for return of original goods and claims for compensation 579
(3) Claims for compensation for delay in performance and claims for impossibility of performance, which are separate lawsuits from claims for monetary compensation 580
A) Claim form for return of dividend due to cancellation of mortgage contract 581
b) Handling of cases where multiple creditor cancellation suits with the same purpose but different parties are pending 582
2) Litigation requirements (matters subject to ex officio investigation) 584
a) Party Eligibility 584
b) Suspension of litigation proceedings and settlement upon decision to initiate rehabilitation proceedings or declaration of bankruptcy 584
D) Eligibility for cancellation for transferee 585
a) Rights Protection Interest 586
B) Rejection period 587
(1) Burden of proof 587
(2) Starting point of the 1-year exclusion period 588
(3) Starting point of 5-year exclusion period 590
(4) Period of exclusion for transferee 591
3) Cause of claim for occurrence of creditor's right of cancellation 591
a) Existence of secured claims 591
B) Fraudulent Act 595
(1) Debtor's insolvency 596
(2) General creditors' liability assets 597
(a) Trust property 598
(I) Object of collateral establishment 601
(3) Review of the harmfulness of each act 604
(A) Every 604
(I) Performance of obligations under the principal document, such as payment, 605
(D) Bill issuance act 606
(A) Gratuitous acts such as donations 607
(Ma) Payment in kind 610
(Bar) Provision of Collateral 611
(Association) Agreement on Division of Inherited Property 614
(A) Division of property following divorce 616
(Self) Trust Act 616
(Car) Several consecutive property acts 617
(Car) Invalid Act 619
(4) Scope of cancellation of fraudulent acts and restoration to original condition 620
d) Debtor's intention to commit fraud 620
4) Defense of the Beneficiary/Transferee 621
a) Defense of the elimination of the necessity for preserving the debtor's assets, such as through the debtor's self-recovery, 621
B) Good faith defense 622
D) Whether the defense of the payer's share of the compensation amount and the defense of the debtor's payment are acceptable 627
la.
Debt of multiple parties 630
1) Indivisible claims and debts 630
2) Joint and several debts 633
3) Unsecured joint debt 636
a) Establishment of a joint and several debt relationship 636
B) Joint Litigation Form 638
d) Argument for absolute validity 639
a) In case of some non-payment of debt, the effect of partial payment 639
(1) In case of partial payment by a small amount of joint debtor 639
(2) In case of partial payment by multiple defaulting debtors, 640
B) Argument for relative effectiveness 641
4) Guaranteed Debt 642
a) Required facts for claiming performance of a guaranteed obligation 642
B) Scope of guaranteed debt 646
D) Statute of limitations defense 649
(1) Defense against the statute of limitations for guaranteed debts; 649 statute of limitations for guaranteed debts and principal debts
(2) Defense against extinction of the statute of limitations on the principal debt 650
(3) Re-argument against suspension of statute of limitations for guaranteed debt due to suspension of statute of limitations for the principal debtor 651
A) Defendant's Set-off Against the Obligor's Claim 652
652 Defense of Exemption Due to Loss or Reduction of Collateral by Creditor
B) The right of defense of the simple guarantor and search 656
Article 656 Limitation of Liability and Termination of Liability under the Breach of Obligations of Creditors and the Principle of Good Faith
A) Defense of invalidity of company guarantee act 658
659) Guarantor's Responsibilities
660) Claim for insurance deposit
5) Debt 663
a) Fact 663
(1) Legal relationship as the basis of the plan 663
(2) Joint exemption from liability upon submission of manuscript 664
(a) In case of payment of 'excess burden portion', 665
(I) If payment of 'excess burden portion' is not required, 668
(3) Scope and amount of compensation 669
B) Litigation and Res judicata 673
D) Defense 675
mind.
Assignment of Claims, Assumption of Debt 679
1) Assignment of bonds 679
a) In cases where the requirements for litigation are at issue in claims related to assignment of claims 679
B) Required facts for claim for deposit 680
(1) Requirements for transfer of future bonds 681
(2) Bond Assignment Agreement 681
(3) Transfer of claims whose transfer is restricted by law or the nature of the claims 683
(4) Requirements for counterclaim against debtor 685
(a) Burden of proof 685
(I) Notice of assignment of claims or proof of debtor's consent 685
(D) Application to the establishment of a lien on a designated bond 687
d) Defense based on grounds that can be raised against the transferor 689
(1) Acceptance without reservation of objection 690
(2) In case of insurance claim 692
(3) Assignment of claims and false representation 692
(4) Assignment of claims and statute of limitations 693
(5) Assignment of claims and setoff 696
a) Defense of double transfer 698
702) Objection to the validity of the assignment of claims itself
(1) Defense against assignment of claims for litigation trust purposes 703
(2) Defense against the special clause prohibiting assignment of bonds 703
(3) Invalid defense 705
B) Claim of extinction, such as termination of the transferor's assignment of claims contract 705
707) Request for performance of assignment amount by assignee of seized monetary claim
A) Status of the assignee of the bond as a 'successor' under the Civil Procedure Act 709
711) Assignment of claims and cancellation of fraudulent acts
2) Debt Assumption 712
a) Assumption of debt with exemption 712
(1) Facts required for claiming the acquisition fee 712
(2) Base plate power 713
(3) Objection 714
B) Overlapping (=concurrent) debt assumption 715
(1) Requirements for claiming the acquisition fee 715
(2) Objection 716
D) Performance factor 717
a) Contract Assignment 718
bar.
Article 720
1) Claim Responsibility 721
2) Fact 721
a) Payment fact 721
b) The relationship between benefits and debts 725
3) Payment of debt 726
a) Payment order 726
b) Statutory payment reserve 728
D) Order of payment of expenses, interest, and principal 729
A) In case of partial claim 730
731) In case of multiple party debts with different amounts of debt
4) Payment by a third party without a vested interest 731
5) Payment to a person not entitled to payment 731
a) Payment to the quasi-possessor of the bond 732
(1) Fact 732
(2) If a financial institution pays a deposit to a person without the right to receive it, 733
(3) Cases other than payment by financial institutions 734
b) Payment to the holder of the receipt 735
d) If the creditor receives a benefit 735
6) Payment of execution claims by execution orders and collection orders 736
7) Payment due upon a judgment with a provisional execution order 737
a) Whether or not payment is effective 737
b) Preliminary counterclaim for restoration of original state by provisional execution 739
buy.
Compensation in kind 741
ah.
Payment Deposit 743
ruler.
Settlement 746
1) Fact 746
2) Distinction from deduction and offset contracts 749
3) Prohibition and disallowance of set-off 752
a) No set-off with automatic claims with right of defense attached 752
b) Prohibition of set-off contrary to the special provision prohibiting set-off 755
d) Prohibition of set-off of illegal claims with passive claims 755
a) Prohibition of set-off of claims subject to seizure as passive claims 757
758 Prohibition of Set-off of Wage Claims with Passive Claims
B) Prohibition of Set-off of Non-Payable Claims as Passive Claims 759
761) Prohibition of set-off by limited approval
A) Prohibition of set-offs against the principles of good faith 761
4) Effect of Offset 762
5) Handling of Set-off Defenses in Litigation 763
a) Preliminary defense 763
B) Base plate power 765
d) Application of the principle of prohibition of duplicate filing and prohibition of re-filing 767
a) Benefits of appeal 767
Principle 768 of Prohibition of Unfavorable Changes
B) Set-off Defense against Partial Claim 768
car.
Exemption No. 769
1) Exemption under Civil Code 769
2) Exemption from the Corporate Law 771
a) Exemption of directors and auditors from liability with the consent of all shareholders 771
b) Release of directors and auditors from responsibility for approving financial statements, etc. 772
3) Exemption from liability and debt relief in rehabilitation and bankruptcy proceedings 772
card.
Hon Dong 774
get on.
Good Faith Acquisition of Certificates, Promissory Notes, Checks, and Stocks 775
4.
Article 776 of the Bonds Act
go.
Concurrent Performance Defense 776
1) This fact is 776
2) Concurrent performance relationship 777
a) Sales contract 777
B) Subcontracting Agreement 782
D) Worldwide contract 784
a) In case of invalidity, cancellation, or termination of the contract 784
B) Deposit Agreement 785
B) Other concurrent performance relationship positive examples 786
Example 787 of denial of simultaneous performance relationship
3) Defense of Rights 789
a) Principle 789
b) Relief of claim liability 790
4) Reason for rebuttal 791
a) Whether the performance period of the counterclaim has arrived 791
B) Re-defense of the extinguishment of the right to simultaneous performance defense 791
5) Right of defense of anxiety 792
6) Effect of preventing delay in performance 793
7) Concurrent execution judgment 795
me.
Year 797
1) Dispositional principle, litigation, and argumentative principle 797
2) Facts required for legal release 798
a) Release due to delay in performance 798
b) Termination due to refusal to perform 803
d) Termination due to impossibility of performance 803
a) Creditor's Delay and Release 804
3) Claim of impediment or extinction of the right to release 804
4) Claim for restoration to original condition and claim for damages due to termination of contract 806
a) Request for restoration to original condition 806
B) Claim for damages 810
D) Defense 812
5) Third Party Protection Regulation 813
6) Cancellation of contract and cancellation fee 816
7) Cancellation due to change of circumstances 819
8) Agreement termination 820
9) Termination of gift contract 822
all.
Every 824
1) Litigation and binding force of claim for transfer of ownership registration 824
2) Facts underlying the claim for performance based on the sales contract 825
a) Fact of sales contract conclusion 825
(1) Establishment of sales contract 826