Fraudulent Transfer Revocation (Creditor’s Right of Revocation) Calculator

Fraudulent Transfer Revocation (Creditor’s Right of Revocation) Calculator helps estimate Korea-related court filing, litigation, payment order, notary, and lawsuit cost assumptions in English.

Legal scenario inputs

Enter Korea-related court, traffic, debt, family, civil, medical-dispute, criminal, or real-estate dispute assumptions. Results are simplified planning estimates.

Variable case-cost reserve

₩60,000,000

Fixed court or service cost

₩500,000,000

Total case reserve

₩560,000,000

Monthly reserve target

₩1,534,247

₩760,000,000 all-in exposure

Korea Civil Act arts. 406–407: a creditor may sue to revoke a debtor’s asset transfer made to defraud creditors and restore it to the debtor’s estate. The suit must be filed within 1 year of learning the cause and within 5 years of the act — strict exclusion periods with no tolling or interruption. The court-fee base (case value) is min(preserved claim, property value) under Civil Litigation Stamp Rule art. 12(9); value compensation is min(claim, property value − senior secured debt). Korea-based 2026 rules; estimate only, not legal advice.

Related calculators

What is a fraudulent transfer revocation suit (creditor’s right of revocation)?

When a debtor gives away or sells off property at an undervalue to a spouse, child, or acquaintance to avoid paying a debt, the creditor can ask the court to revoke that legal act and restore the property.
This is the “creditor’s right of revocation” under Article 406 of the Korean Civil Act. The goal is to pull the transferred asset back into the debtor’s estate so it can be reached by enforcement.
This calculator works out three things at once, based on 2026 Korean Civil Act and litigation-fee rules: by when you must file (filing period), how much you must pay to sue (case value, stamp duty, service fee), and how much you can recover (value compensation).

Korea-specific notice: This calculator is based on Korean law (Civil Act arts. 406–407, Civil Litigation Stamp Rule art. 12(9), Civil Litigation Stamp Act art. 2), effective for 2026.
It is an estimate for planning only and is not legal advice. Whether a “fraudulent act” is established depends heavily on the facts — consult a Korean attorney before filing.

Three elements of a fraudulent act

All three elements must be met. If any one is missing, the revocation claim can be dismissed.

1. A preserved claim

The suing creditor must hold a claim worth protecting (the “preserved claim”).
As a rule it must have arisen before the fraudulent act, though a claim arising later can qualify if its legal basis existed at the time and its creation was highly probable.

2. A fraudulent act (reduction of the debtor’s assets)

The debtor’s legal act must reduce total assets so that the common security for creditors falls short (insolvency).
Typical examples are gifting real estate, selling at an undervalue, or giving one creditor a preferential payment-in-kind or security.

3. Intent to defraud (bad faith)

The debtor must have known the act would harm creditors.
The beneficiary (or a subsequent transferee) must also be in bad faith — but their bad faith is presumed, so the burden of proving good faith falls on them (Civil Act art. 406(1) proviso).

Filing period — the 1-year / 5-year exclusion periods

Article 406(2) requires the suit to be filed within 1 year of learning the cause for revocation and within 5 years of the legal act.
These are exclusion periods (제척기간), not statutes of limitation — they are not interrupted or suspended by demand letters, acknowledgment, or anything else.
If either period runs out, the right of revocation is extinguished.

  • • Short 1 year: from the day you learned of the fraudulent act and the debtor’s intent to defraud. Merely knowing of the disposition is not enough.
  • • Long 5 years: from the day the act (gift, sale, etc.) took place, running even if the creditor was unaware.

The calculator computes both deadlines from the act date and the awareness date, marks the earlier one as your real deadline, and shows the days remaining (D-day) with an expired / imminent / open status.

Case value, stamp duty, and service fee

1. Case value (소가) — Stamp Rule art. 12(9)

For a revocation suit the case value is “the creditor’s claim, capped at the value of the transferred property.”
In other words case value = min(preserved claim, property value) — the smaller of the two.

Example: claim ₩200M, transferred apartment worth ₩500M → case value is the smaller figure, ₩200M.
If the claim were ₩800M and the property ₩500M, the case value would be ₩500M.

2. Stamp duty (인지대) — Stamp Act art. 2

Stamp duty is tiered by case value (rounded down to ₩100, minimum ₩1,000):

  • • Under ₩10M: value × 0.50%
  • • ₩10M–₩100M: value × 0.45% + ₩5,000
  • • ₩100M–₩1B: value × 0.40% + ₩55,000
  • • ₩1B and above: value × 0.35% + ₩555,000

Filing electronically discounts the stamp by 10% (capped at ₩500,000).

3. Service fee (송달료)

The service fee is ₩5,500 per round, prepaid as party count × 15 rounds for a first-instance civil case.
A revocation suit usually has the creditor (plaintiff) and the beneficiary (defendant), plus any subsequent transferee — so set the party count accordingly.

Value compensation — when the property can’t be returned in kind

Restoration is normally in kind (for real estate, cancelling the transfer registration).
But when the property cannot be returned as-is — a subsequent transferee acted in good faith, or a mortgage on it was discharged — restoration is made by paying its value instead (“value compensation”).

Value compensation formula

Courts hold that where a mortgaged asset is transferred and the mortgage is later discharged, the fraudulent act stands only up to the property’s value minus the secured claim. The creditor also cannot revoke beyond its own claim.

value compensation = min( preserved claim, property value − senior secured debt )

Example: apartment worth ₩500M, senior mortgage ₩150M, claim ₩200M → net estate ₩350M, capped at the ₩200M claim, so compensation is ₩200M.

Under Article 407, revocation and restoration take effect for the benefit of all creditors, so the recovered property or compensation is shared pro rata in distribution — the suing creditor does not keep it alone.

How to use the calculator

Step 1: Enter the filing period

Enter the fraudulent-act date and the date you learned the cause. Uncheck the awareness box to apply only the 5-year period.

Step 2: Enter claim and property value

Enter your claim (preserved claim) and the market value of the transferred property. The tool derives the case value and litigation cost.

Step 3: Choose restoration type

Pick value compensation or return-in-kind, and enter any senior secured debt on the property (0 if none).

Step 4: Read the results

See the filing deadline and D-day, the litigation cost, and the estimated value compensation and recovery rate.

Frequently asked questions

Q. Who is the defendant?

A. Not the debtor, but the beneficiary who received the property (or a subsequent transferee). The debtor is not a party, and the revocation takes effect relatively, between creditor and beneficiary.

Q. What if I miss the filing period?

A. Once the 1-year or 5-year exclusion period passes, the right of revocation itself is extinguished. Because these periods are not tolled, a demand letter does not extend them. The 1-year period from awareness is especially short.

Q. Do I keep everything I recover?

A. No. Under Article 407 the recovery benefits all creditors and is shared pro rata in distribution — though in practice the suing creditor often recovers first if no other creditor demands distribution.

Q. Can a divorce property division be a fraudulent act?

A. A division that is excessive beyond a reasonable degree can be revoked as to the excess portion. A proper division is generally not a fraudulent act, but a clear intent to evade debt invites dispute.

Check your filing deadline and recovery now

Transferred assets can be clawed back — but timing is everything.

Enter the act date and claim amount to instantly see the deadline, litigation cost, and estimated value compensation.