Hongcheon Saemaul Depository and five others

Bankruptcy Trustee of Korea Real Estate Trust Corporation

Korean Bank, Inc.

Seoul Central District Court Order 2013TTTT 33962 dated November 21, 2013

1. The rejection of a complaint made on June 20, 2014 with respect to the instant case shall be revoked.

2. The decision of the first instance shall be revoked;

3. The obligees' claims for the seizure and assignment order of this case are all dismissed.

1. Facts of recognition;

According to the records, the creditors filed against the debtor on October 23, 2013 an application for the attachment and assignment order of the instant claim against the Seoul Central District Court 2013TTTTTT 2013TTT 522 based on the executory exemplification of the judgment with executory power in the case of refund of the purchase price, and the judicial assistant officers of the court of first instance decided to accept the application for the attachment and assignment order of the instant claim on October 25, 2013, and submitted an immediate appeal to the purport that the debtor raises an objection, and the court of first instance decided to authorize the disposition of the above judicial assistant on November 21, 2013.

2. A summary of the debtor's appeal;

For the reason of appeal, the debtor's deposit account is an account in which the trustee in bankruptcy deposits the money for the estate exchange and is used as a dividend source of bankruptcy claims, etc., and the debtor's compulsory execution is invalid pursuant to Article 61 of the former Bankruptcy Act (Article 348 of the Debtor Rehabilitation and Bankruptcy Act).

3. Determination

However, according to Article 61 (1) of the former Bankruptcy Act (Article 348 of the current Debtor Rehabilitation and Bankruptcy Act). Compulsory execution, provisional seizure or provisional disposition against a bankruptcy claim against a property belonging to the bankrupt estate shall lose its effect against the bankrupt estate. This applies to any compulsory execution or provisional disposition against a property belonging to the bankrupt estate based on a bankruptcy claim after the bankruptcy is declared.

According to the records and records in this case, the creditors filed a lawsuit against the Korean Real Estate Trust Co., Ltd. for the extension of the prescription against the debtor, and the creditors filed a lawsuit for the sale price claim as Seoul Central District Court 2001Gahap14813, which was sentenced to a partial winning judgment on April 30, 2002 (this objection was appealed by the Korean Real Estate Trust Co., Ltd., which was dismissed by the appellate court, but it was dismissed by the appellate court, which was dismissed by the appellate court), and the Korean Real Estate Trust Co., Ltd. was declared bankrupt on June 2, 2003. Since the debtor was appointed as the bankruptcy trustee, the creditors filed a lawsuit against the debtor for the extension of the prescription period against the debtor, and the creditors filed an application for the seizure and order of this case based on the above judgment. Accordingly, the creditors' claims against the debtor arising prior to the declaration of bankruptcy are claims arising in the bankruptcy claim, and after the bankruptcy claim execution failure against the debtor, a new compulsory execution based on bankruptcy claim or compulsory execution is not allowed.

Therefore, the decision of the first instance court, which excessive reasons for the failure of execution, is unfair, and the application for the seizure and assignment order of this case should be dismissed.

3. Conclusion

Therefore, the debtor's immediate appeal of this case is well-grounded, and thus, the decision of dismissal on June 20, 2014, which dismissed the debtor's appeal of this case, shall be revoked as a re-design, and the decision of the first instance shall be revoked, and all of the creditors' applications for the seizure and assignment order of this case shall be dismissed. It is so decided as per Disposition.

Judge Lee Young-jin (Presiding Judge)