After the debtor maliciously transfers the house if cannot cancel the transfer behavior, how should the creditor protect his rights?

2022-07-16 0 By

The debtor transferred his house to others at a low price in the litigation stage, and then the house was sold to a third party in good faith, so that the creditor’s rights can not be compensated, what should the creditor do?Recently, pingyang court successfully mediated a property damage compensation dispute case.Ji, Liu had borrowed 1.1 million yuan from Wen in 2015.After two people refused to return the loan, Wen sued to the court, asking season, Liu to return the loan, the court judgment to support its appeal.After this case enters executive procedure, inquire to season mou, liu mou has a small amount of deposit only, do not have other to be able to carry out property, wen mou gets compensation 1170.69 yuan only.After the court investigation found that Liu was prosecuted during his name is located in Pingyang County wanquan town of a house to 308,000 yuan sold to Lin, Lin and 558,000 yuan sold to the goodwill of the third party Chen.Classics evaluation, this housing market value is 520,000 yuan, and the transaction price between Liu Mou and Lin Mou is obviously lower than the market price, reason wen mou sues to ask to cancel two housing transfer behavior.But the case between outsiders Chen mou and Lin mou housing sale is the true meaning of both parties, Chen mou housing belongs to the good faith to obtain the case related to the housing ownership, protected by law, so the final court order to revoke liu Mou transfer of housing to Lin Mou behavior.Although the house transfer behavior between Lin mou and Chen Mou cannot be revoked, resulting in the house can not be auctioned, but the debtor has already made malicious transfer of property behavior, creditors can exercise the right to request compensation.Wen mou sues to the court again subsequently, ask to cancel responsible person namely season mou, Liu mou, Lin mou three people together compensate for the economic loss caused by selling the house.After the court organization mediation, the parties reached a settlement, season, Liu, Lin together to compensate for 450 thousand yuan, Wen mou to the court to withdraw the prosecution.The judge reminded: in this case, if Lin did not sell the house to a third party in good faith, after liu and Lin’s house transfer behavior was revoked, the house will return to Liu, auction money can be used to repay creditors.But because Lin mou already sold the house to the third party in good faith at a reasonable price, it cannot cancel the transfer between the two.This situation is not uncommon in life, but it does not represent that the creditor has no remedy way, the creditor in this case Wen request Liu and others to compensate for the corresponding loss can effectively safeguard their legitimate rights and interests.Legal link:Article five hundred and thirty-nine of the law of the People’s Republic of China civil code, the debtor with obvious assigned its property at a low price is not reasonable, the high price which is manifestly unreasonable accepting others’ property or debt guarantees for others, affect the extent of the obligee’s right, the other party knows or should know the situation of the debtor, the creditor may request the people’s court for cancellation of the obligor’s act.Source: Pingyang Court Correspondent: Mu Xuan Preliminary Editor: Qian Rui-xuan Chief Editor: Ye Hong Review: Director Qian Zhongbiao Supervisor: Chen Taisheng Supervisor: Chen Yiquan Chen Xiyu Chief Supervisor: Chen Zhenshi recommended reading ↓↓↓