1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 19, 2016, the Plaintiff entered into a sales contract with B Co., Ltd. (hereinafter “debtor Company”) to purchase C 101, 402, and 502, Guro-gu Seoul (hereinafter “instant real estate”) holding the debtor company for total purchase of KRW 260 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer on July 20, 2016.

B. On September 8, 2016, the Defendant, a creditor of the debtor company, asserted that the conclusion of the instant sales contract constitutes a fraudulent act against the creditors of the debtor company, and received a provisional attachment order on the instant real estate as Seoul Southern District Court 2016Kadan203094 (hereinafter “instant provisional attachment”) by asserting that the instant claim for restitution due to the revocation of fraudulent act (the claimed amount is KRW 77,316,017) was made as a preserved claim and that the Plaintiff was the debtor.

C. Meanwhile, on July 29, 2016, the debtor company filed an application for commencement of rehabilitation proceedings with Seoul Central District Court 2016 Ma10156, and received a decision of commencement of rehabilitation proceedings from the above court on August 31, 2016. The defendant, which became aware of the fact, filed an application for an order to exercise the right to set aside against the sales contract of this case on October 10, 2016. The debtor company’s administrator, who received a provisional disposition order to prohibit disposal of the real estate of this case (hereinafter “provisional disposition of this case”), as Seoul Central District Court 2016Kadan81216, on November 3, 2016, on the ground that the debtor company’s right to claim the right to set aside is preserved.

Since then, instead of exercising the right to set aside in relation to the instant sales contract, the custodian of the debtor company shall calculate the appropriate sales price of the instant real estate as KRW 317 million, and shall deduct the difference between the sales price under the instant sales contract ( KRW 260 million) and the estimated expenses to be incurred in exercising the right to set aside, from KRW 21 million, KRW 36.5 million, in addition to the provisional disposition registration of this case.