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

A. The Defendant is a corporation established pursuant to the Framework Act on the Construction Industry, the main business content of which is to provide necessary guarantee and financing to specialized constructors who are its members.

An Ansan Landscaping Construction Co., Ltd. (hereinafter referred to as "Yansan Landscaping") held 251 investment certificates for the Defendant (hereinafter referred to as "instant investment certificates").

B. On June 11, 2015, the Ansan-si, upon filing an application for commencing rehabilitation procedures on June 11, 2015, received a decision on commencing rehabilitation procedures as Seoul Central District Court 2015 Ma10151, and the Plaintiff was appointed as a custodian.

C. On the other hand, Ansan made a limit transaction agreement with the Defendant and set up a pledge to provide the instant investment certificate as collateral, and received the loan from the Defendant. On June 22, 2015, the Defendant notified the Defendant that the period for commencement of rehabilitation was lost due to the commencement of rehabilitation procedures, and the instant investment certificate, which was provided as collateral for the said loan obligation, was transferred to the Defendant in the future of the instant investment certificate, and on June 24, 2015, the Defendant notified the Defendant of the amount of KRW 13,067,080 (including interest) for the amount of KRW 224,81,944, which was 223,757,544, which was deducted from the acquisition price of the instant investment certificate from the acquisition price of KRW 1,124,40,00, which was 223,757,5444, which was settled, and the remaining settlement amount was 90,690,464.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 6 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that the right to set aside is exercised against the Defendant’s act of acquiring the instant investment certificates pursuant to Article 100(1)2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”). Accordingly, according to the above fact-finding, the Defendant acquired the instant investment certificates on June 22, 2015, and transferred the ownership of the said certificates in his/her future, and transferred the ownership thereof on June 24, 2015.