2. The costs of lawsuit shall be borne by the Plaintiff.

The plaintiff is seeking cancellation and restitution of the above mortgage contract on the ground that the contract to establish a right to collateral security stated in the purport of the claim between B and the defendant was fraudulent act that caused the shortage of property for the repayment of the plaintiff's claim for reimbursement against B.

After a decision is made to commence rehabilitation procedures pursuant to Articles 100, 105, 113, and 59 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the custodian may exercise the avoidance power against any act that the debtor performed with the knowledge that it would damage rehabilitation creditors or rehabilitation secured creditors, and the court may, at the request of rehabilitation creditors, rehabilitation secured creditors, shareholders, and equity right holders or ex officio, order the custodian to exercise the avoidance power against any act that the debtor performed with the knowledge that it would damage rehabilitation creditors or rehabilitation secured creditors. When a lawsuit seeking revocation is pending at the time rehabilitation procedures commence, the litigation procedures are suspended and the custodian provides for the takeover thereof. In light of the circumstances, etc., where rehabilitation procedures commence with respect to the debtor, this is understood to ensure the uniform and systematic management of the debtor’s assets for all creditors by allowing the custodian to cancel fraudulent act in the uniform form of avoidance power, while securing the fairness and efficiency of the procedures, and thus, it is not permissible for the general creditor, other than the custodian, to file a lawsuit for revocation of fraudulent act after the commencement of rehabilitation procedures with the debtor (see Supreme Court Decision 20100Da.21401, Feb.