1. The Seoul Eastern District Court Decision 2014Kadan21558 against the Plaintiff by the Defendant’s succeeding intervenor was rendered.

1. Basic facts

A. The Plaintiff was liable for the loan to the E bank.

B. The E Bank disposed of real estate offered as security at auction, recovered part of the above loan claims, and transferred the remainder to the F Limited Liability Company, and the Defendant acquired the above loan claims against the Plaintiff from the foregoing limited liability company.

C. The Defendant filed a lawsuit against the Plaintiff for the claim for the amount of money transferred to the Seoul Eastern District Court No. 2014Da21558, and was sentenced to the judgment on September 5, 2014 (hereinafter “instant judgment”), and applied for a compulsory auction for real estate auction as of October 17, 2014 for the real estate auction as of 1,284m2 square meters owned by the Plaintiff, according to the instant judgment, on October 24, 2014. The said decision was served to the Plaintiff’s cohabitant (i) on October 24, 2014.

On July 20, 2017, the Plaintiff was granted bankruptcy and immunity (hereinafter “instant immunity”) by Seoul Rehabilitation Court No. 2016, 9049, and 2016Hadan9049 (hereinafter “instant immunity”) and the instant immunity became final and conclusive on August 5, 2017. However, the Plaintiff did not indicate the E Bank’s loan claims (hereinafter “instant claim”) that the Defendant acquired in the creditors’ list prepared in the said immunity procedure.

E. After the Plaintiff filed the instant lawsuit, the Defendant transferred the instant claim to the Defendant’s Intervenor.

[Ground of recognition] Facts without dispute, Gap's evidence, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s claim on property arising from the cause before the bankruptcy is declared against the debtor, i.e., the bankruptcy claim is exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if a decision on immunity against the bankrupt becomes final and conclusive, and is not entered in the list of creditors.

The facts acknowledged earlier.