1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 1, 2008, the Plaintiff entered into a contract with the Defendant to transfer to the Defendant all the rights related to the real estate in Yeongi-gun and D Co., Ltd. (hereinafter “instant contract”) for KRW 850,000,000 in price. Of the above price, the down payment shall be KRW 10,000,000 in price, and the first intermediate payment shall be KRW 100,000 in price, and the second intermediate payment shall be paid on December 30, 2008, and the second intermediate payment shall be paid on September 30, 2009, the remainder shall be paid on September 30, 2009; the remainder shall be paid on September 30, 200, the remainder shall be paid on September 30, 2010, and the remainder shall be paid at KRW 500,000,000 in price and the financial cost shall be paid by the Defendant in preference to the Defendant.

B. The Plaintiff received financial interest expenses from the Defendant until August 31, 2012, out of the down payment, the first and second intermediate payment, and the remainder, as KRW 314,300,000, and the remainder.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant is obliged to pay the Plaintiff the unpaid KRW 185,70,000 (i.e., KRW 500,000,000 - KRW 314,300,000) out of the remainder under the instant contract, the financial interest expenses of KRW 32,00,000 from September 1, 201 to December 31, 2014, and delay damages for the said amount.

3. Determination on the legitimacy of the instant lawsuit

A. We examine the legitimacy of the instant lawsuit ex officio or upon the Defendant’s assertion.

B. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim that has arisen prior to the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118); any rehabilitation creditor who intends to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); any custodian shall prepare a list of rehabilitation creditors separately from the report of the rehabilitation creditor and submit it to the court (Article 147); and any claim of the rehabilitation creditor recorded in the list is deemed to have been reported.