2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit prior to the filing of an appeal are assessed against the defendant.

A. On May 28, 2010, the Plaintiff entered into a golf course agreement with B (hereinafter “B”) with a company operating a “D” golf course, with a membership fee of KRW 120 million, on condition that, after five years, if the Plaintiff requests the return of the membership fee, B would comply with it.

B. On July 8, 2015, the Plaintiff filed the instant lawsuit seeking the payment of the membership fee under the above return agreement.

On December 2, 2015, the first instance court accepted most part of the plaintiff's damages for delay except for part of the plaintiff's damages for delay, and the second appeal was filed by B.

C. After that, on May 23, 2016, the rehabilitation procedure for B (hereinafter “instant rehabilitation procedure”) began with the Seoul Central District Court 2016 Ma10068, and the period of investigation in the instant rehabilitation procedure was from June 18, 2016 to the 30th of the same month, the administrator was respectively determined as the Defendant.

C. On June 14, 2016, the Plaintiff filed a report on rehabilitation claims for the instant claim to be returned, with the competent rehabilitation court. On May 22, 2016, the Defendant, a custodian, submitted to the competent rehabilitation court a Si/Gun/Gu seal table, including rehabilitation claims, and the Defendant was both the Plaintiff’s rehabilitation claim and the 136,717,808 won (i.e., interest rate of 20% per annum from July 15, 2015 to September 30, 2015, KRW 15% per annum from October 1, 2015 to May 22, 2016).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. As to the lawfulness of the instant lawsuit

(a) Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claims (Article 148(1)), and when an objection is raised against the reported rehabilitation claims, all of the objectors as other parties may file an application for the final claim inspection judgment with the court.