1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

1. The gist of the Plaintiff’s assertion is the creditor against B, who was declared bankrupt, and each sales contract for each of the real estate listed in the separate sheet between B and the Defendants (hereinafter “each of the instant real estate”) is null and void as a false declaration of agreement to conceal B’s property. Thus, the Plaintiff asserts that the Defendants seek cancellation of each ownership transfer registration stated in the purport of the claim by subrogation against B.

2. According to Articles 382, 384, 391, 423, and 424 of the Debtor Rehabilitation and Bankruptcy Act, any property claim arising before the debtor is declared bankrupt shall be a bankruptcy claim against the debtor, and any bankruptcy creditor shall not exercise any bankruptcy claim without resorting to bankruptcy procedures. Any property claim held by the debtor at the time of the declaration of bankruptcy and any claim that the debtor exercises in the future arising before the declaration of bankruptcy belong to the bankruptcy estate. The debtor loses the right to manage and dispose of the bankruptcy estate and the right to manage and dispose of the bankruptcy estate shall belong to the bankruptcy estate.

The purpose of this prohibition is to prohibit the free reorganization of the bankrupt's property and to entrust the right to manage and dispose of the bankrupt's property to the fair and reasonable reorganization of the bankruptcy trustee, and at the same time, it is to prohibit the bankruptcy creditor from participating in the reorganization of the bankrupt's property without going through the bankruptcy procedure in order to make it available only to the bankruptcy trustee with respect to the reorganization of the bankrupt's property. Therefore, in order to meet the purpose, the exercise of the right by subrogation of the bankruptcy creditor to the bankruptcy trustee in order to preserve the claim against the bankrupt against

(1) Article 28 (1) of the Act on the Protection and Improvement of Personal Resources (see, e.g., Supreme Court Decisions 2000Da39780, Dec. 22, 2000; 2002Da28050, Aug. 23, 2002).