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

A. The Plaintiff and B completed the marriage report on December 27, 1989 and maintained the legal marital relationship. The Plaintiff and B filed a lawsuit of divorce, etc. against the Plaintiff on August 31, 2012 against the Plaintiff by filing a lawsuit of divorce, etc. with the Suwon District Court (2010ddan7163). The judgment became final and conclusive around that time.

B. On August 17, 2012, the date of closing the argument in the above divorce case, B agreed to complete the registration of transfer of ownership on the instant building as a division of property between the Plaintiff and B, and deliver the said building to the Plaintiff.

2. We examine ex officio the lawfulness of the instant lawsuit.

Articles 423 and 426(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provide that any property claim arising from any cause arising before the debtor is declared bankrupt shall be a bankruptcy claim, and if the subject matter of a claim is not money, the appraised value at the time of the declaration of bankruptcy shall be a bankruptcy claim. Meanwhile, Article 424 of the Debtor Rehabilitation Act provides that any bankruptcy claim may not be exercised without resorting to bankruptcy procedures.

In the instant case, the Plaintiff asserted that he/she had the right to claim the transfer of ownership and the right to claim the transfer of ownership under the agreement with B on August 17, 2012, and that the Plaintiff had the right to claim the transfer of ownership and the right to claim the transfer of ownership under the agreement with B on August 17, 2012. In full view of the purport of the evidence No. 2 as to the evidence No. 2, it can be recognized that the current bankruptcy proceeding against B is in progress after the Seoul Central District Court was declared bankrupt as of August 26, 2014. The instant lawsuit was clearly recorded in the record that it was filed on February 27, 2015, which was after the declaration of bankruptcy with B, and thus, it is evident that the Plaintiff’s right to claim the transfer of ownership and the right to claim the transfer of ownership under the agreement with B on August 17, 2012, prior to judgment on the existence and validity of the said agreement.