A. On May 2, 2012, the Plaintiff filed an application for commencement of rehabilitation proceedings with the Seoul rehabilitation court as meeting 72/2012, and decided to commence rehabilitation proceedings on May 10, 2012. On September 25, 2012, the rehabilitation procedure was terminated on April 4, 2013 (hereinafter “the first rehabilitation procedure”). (b) On February 27, 2018, the Plaintiff again decided to commence rehabilitation proceedings with the rehabilitation court 1003/1003 of the Seoul rehabilitation court meeting on October 5, 2018, and the rehabilitation procedure was completed on November 7, 2018 (hereinafter “the second rehabilitation procedure”).

In the second rehabilitation procedure, the Defendant reported the damage claim amounting to KRW 3,86,70,707,183 in lieu of the repair of defects related to KRW 170,147,085 in lieu of the repair of defects related to KRW 1,108,08,084,979 in lieu of the repair of defects relating to Section 6 of the apartment construction work, and KRW 2,588,475,119 in lieu of the repair of defects relating to Section 1 of the D apartment construction work, among Section 3 of the Seoul apartment construction work built by the Plaintiff, which was based on the contract with the Plaintiff in the contract with the Plaintiff in the second rehabilitation procedure, but at the time, the Plaintiff’s manager raised an objection to this.

(d)

On the other hand, the Defendant filed an application for a final and conclusive judgment to investigate rehabilitation claims with the Seoul Bankruptcy Court 2018 Supreme Court No. 10092, and the above court accepted the Defendant’s assertion on May 18, 2020, and rendered a ruling that “The Defendant’s rehabilitation claim (damage Claim) against the Plaintiff is KRW 3,866,707,183” (hereinafter “instant final and conclusive judgment”).

【Fact-finding without a dispute over recognition, significant facts in this court, Gap 1, 2, and 5 evidence, Eul 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the damage claim of KRW 2,588,475,119, in lieu of the repair of defects related to D Apartment Construction Works (hereinafter “the apartment of this case”) among the claims for which its existence is confirmed in the final and conclusive judgment of the investigation of this case (hereinafter “the instant claim”) is the property arising from the cause prior to the commencement of the first rehabilitation procedure.