2. The costs of the lawsuit are assessed against the defendant.

A. Before bankruptcy, ○○○ Trust Co., Ltd. (hereinafter “○○ Trust”) borrowed most of the expenses incurred in performing trust affairs from outside to outside to 1998 with respect to the land trusted by the Plaintiff and continued to create an industrial complex. Around April 30, 1994, 197, the construction project could no longer become more difficult to borrow more funds after the foreign exchange crisis and to raise interest on the existing loan.

B. The ○○ Trust was designated as an insolvent financial institution on December 29, 2001 by the Financial Supervisory Commission and was ordered to revoke the trust business as of July 1, 2002. On December 30, 2002, the Defendant was declared bankrupt and was appointed as a trustee in bankruptcy.

C. On the other hand, the non-party corporation, which lent funds to the ○○ Trust in relation to the instant trust land, requested a voluntary auction of the instant trust land on or around March 15, 2002, and received a successful bid from the third party on or around February 24, 2004. The auction court distributed KRW 3,542,428,945 to the ○○ Trust the remainder remaining after being distributed to the non-party corporation.

D. The Defendant, who is the trustee in bankruptcy, filed a lawsuit claiming payment of approximately KRW 24.8 billion against the Plaintiff, the truster, claiming that he/she had the right to claim reimbursement of expenses of KRW 24.8 billion, which is a part of which, on the ground that the said dividend alone does not cover all the expenses incurred by the ○○ Trust. The Defendant filed a lawsuit claiming payment of KRW 2.0 billion against the Plaintiff, the truster, but lost all the first, second, and third instances

E. In the above lawsuit, the amount of the litigation cost that the Defendant is liable to reimburse to the Plaintiff was determined as KRW 36,150,000 according to the Court Order 207Kao1954.

[Grounds for Recognition: Evidence No. 1 to 4, Evidence No. 1 and No. 2]

2. The parties' assertion

The plaintiff asserts that the right to demand reimbursement of the above litigation costs is not a bankruptcy claim but a estate claim, and the defendant asserts that the above lawsuit was filed in the status of a manager of trust property, not a lawsuit filed in the status of a manager of trust property against the bankrupt estate, and that it should not be viewed as

3. Determination

However, according to the above facts, the above lawsuit filed by the defendant and lost was filed after the bankruptcy of ○○ Trust, and the trust contract with the plaintiff was terminated. Thus, it is difficult to view the claim for reimbursement of the lawsuit costs of this case as a claim arising before the bankruptcy. Furthermore, if the defendant won the lawsuit in the above lawsuit, if he did not have any balance between the plaintiff and the plaintiff after the trust contract was terminated, the winning amount would become the defendant's proprietary property and belong to the bankruptcy foundation. Considering this point, the claim for reimbursement of the lawsuit costs of this case shall not be a bankruptcy claim, but shall be deemed as the "claim arising from the act of bankruptcy with respect to the bankruptcy estate" under Article 473 subparagraph 4 of the Debtor Rehabilitation and Bankruptcy Act. Thus, it shall be deemed as the estate claim.

Therefore, the plaintiff's claim of this case is accepted and decided as per Disposition.

Judges Choi Nam-sik