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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The plaintiff's assertion that the defendant agreed to pay KRW 200 million to the plaintiff when the real estate was sold, or when the registration name of the real estate D and D other four parcels of land in Ulsan-si, Ulsan-si, Ulsan-si, and the defendant is transferred to the defendant.
However, since the above real estate was sold in around 2012, the defendant should pay 200 million won and damages for delay to the plaintiff.
2. According to the adjudication of bankruptcy regarding the legitimacy of a lawsuit, all property owned at the time the debtor declares the bankruptcy (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act) constitutes a bankruptcy estate (Article 384 of the same Act). Since the right to manage and dispose of the bankruptcy estate from this time belongs to the bankruptcy trustee (Article 384 of the same Act), the bankruptcy trustee becomes the party to the lawsuit concerning the bankrupt estate (Article 359 of the same Act). In this case, the fact that the copy of the lawsuit in this case is served on the defendant on March 16, 2017 and the bankruptcy is already declared against the defendant on August 30, 2013, which is the date the lawsuit in this case is pending, may be acknowledged by the statement of the evidence No. 6 and No. 7. Thus, the plaintiff's claim against the defendant constitutes a bankruptcy claim arising from a cause arising before the declaration of bankruptcy (Article 423 of the same Act), and the lawsuit in this case seeking its performance is a lawsuit concerning the bankruptcy estate, which is a party against the plaintiff.
In addition, bankruptcy claims shall not be exercised without resorting to bankruptcy procedures, and in order to exercise bankruptcy claims, reports to the bankruptcy court within the period set by the court, and if any objection is raised in the investigation of bankruptcy claims, the existence and contents of bankruptcy claims shall be determined through the final inspection judgment of claims limited to the matters set forth in the list of creditors, and any person dissatisfied with such determination may file a lawsuit of objection.