1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. On August 27, 2012, the Plaintiff and the Defendant: (a) sold 330/1820 shares out of 1,820 square meters of C Forest land in Kuju-si to the Defendant at KRW 28 million; (b) the Plaintiff entered into a sales contract with the Defendant to pay the down payment of KRW 10% on the date of the contract; and (c) the remainder on August 31, 2012 (hereinafter “instant sales contract”); and (d) the Plaintiff completed the registration of ownership transfer for the said forest shares to the Defendant pursuant to the instant sales contract.

Nevertheless, the Defendant did not perform its obligation to pay the purchase price of KRW 28 million to the Plaintiff according to the instant sales contract.

Therefore, the defendant is obligated to pay the above twenty-eight million won and damages for delay to the plaintiff.

B. On December 22, 2011, the Plaintiff: (a) entered into a laundry agency franchise agreement with the Defendant operating the laundry business entity “D; and (b) paid KRW 15 million to the Defendant; and (c) on December 22, 2013, the said franchise agreement expired.

Therefore, the defendant is obligated to pay to the plaintiff the above deposit amounting to KRW 15 million and damages for delay.

2. Determination

A. All property owned at the time when the debtor is declared bankrupt due to the declaration of bankruptcy constitutes a bankruptcy estate (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act). From this point of time, the right to manage and dispose of the bankruptcy estate belongs to the bankruptcy trustee (Article 384 of the same Act). As such, the bankruptcy trustee becomes a party to the lawsuit related to the bankrupt estate (Article 359 of the same Act). In full view of the purport of the whole pleadings in the statement in the evidence Nos. 1 through 4 (where a serial number exists, including branch numbers; hereinafter the same shall apply), and No. 1, the original copy of the instant payment order is served on the defendant on September 4, 2018 and the lawsuit is pending on September 18, 2017.