1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why this court should explain are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. Determination of the commencement of rehabilitation procedures for the cause of the claim does not affect the right to redeem any assets that do not belong to the debtor from the debtor.

[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

[See Article 70] According to the above facts of recognition, the lease contract of this case was lawfully terminated on April 12, 2016, prior to the decision of commencement of rehabilitation on the ground of the defendant's application for rehabilitation, by giving notice of termination to the defendant pursuant to the provisions of termination of bankruptcy. Thus, the defendant is obligated to deliver the movable property of this case to the plaintiff holding the right of repurchase as its owner.

B. 1) Whether a clause on termination of bankruptcy is null and void under Article 119 of the Debtor Rehabilitation Act, the trustee of the Defendant’s alleged rehabilitation company has the right to choose the performance or rescission of the contract regarding the bilateral contract not performed by both parties under Article 119 of the Debtor Rehabilitation Act. The clause on termination of bankruptcy is null and void because the validity of the clause on termination of bankruptcy and the effect of the application of the clause on the rehabilitation company after the commencement of rehabilitation procedures depends on various circumstances, such as the nature, contents, and degree of the contract in question, the grounds for termination, and the contents of the contract in question, etc., which are contrary to the purpose and purpose of the company reorganization procedure, and thus, uniformly deeming the clause on termination of bankruptcy in violation of the principle of freedom of contract would seriously infringe on the freedom of contract. In addition, the other party’s insolvency from the standpoint of the obligee.