1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Plaintiff has a claim against Nonparty C for loans of KRW 50,000,000 as of April 4, 2013 and damages for delay thereon, and a claim for loans of KRW 30,000,000 as of September 26, 2013 and damages for delay thereon.

B. On October 24, 2014, C sold real estate in KRW 155,00,00 to the Defendant as indicated in paragraph (1) of the attached Table No. 1 to the Defendant, and the registration of ownership transfer was completed as of November 25, 2014 by the receipt of No. 23919, Nov. 25, 2014. (2) C sold each real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1399 on February 13, 2015 to the total amount of KRW 13,90,000,000, and each registration of ownership transfer was completed as of February 13, 2015.

C. C filed an application for individual rehabilitation with Busan District Court Decision 2016Da100677, May 9, 2016, which decided to commence individual rehabilitation procedures.

Meanwhile, all of the claims of the plaintiff are listed in the list of creditors of individual rehabilitation procedures.

2. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the right to set aside has been exercised by the debtor, and the court may order the debtor to exercise the right to set aside upon the application of the creditor or rehabilitation commissioner or ex officio. When a lawsuit filed by the individual rehabilitation creditor is pending at the time when the decision to commence the individual rehabilitation procedure is made, the lawsuit shall be interrupted until the takeover of the lawsuit or the termination of the individual rehabilitation procedure.

In light of the purport of these regulations, the character of individual rehabilitation procedures, the avoidance power of individual rehabilitation procedures, etc., after a decision to commence individual rehabilitation procedures has been rendered, the debtor shall exercise the avoidance power for equal repayment to all creditors, and the debtor shall not perform any act of receiving or demanding repayment of individual rehabilitation claims stated in the list of individual rehabilitation creditors.