1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 2, 2016, the Plaintiff, who leased part of the D’s ground shop from C, concluded an agreement with the Defendant to pay KRW 700,000,000,000 to the Plaintiff on October 2, 2016, in total, KRW 70,000,000 for the said store.

In addition, on September 2, 2016, the Plaintiff paid KRW 700,000 to C in accordance with the agreement.

B. However, the Defendant filed an application for bankruptcy and exemption with the court on March 27, 2017, and received a ruling of bankruptcy from the court (Tgu District Court 2016Hadan4281), and was appointed as the trustee in bankruptcy (Tgu District Court 2016Hadan4281), and the above bankruptcy procedure is still in progress until the date of the closing

C. On the other hand, on March 13, 2017, the Plaintiff filed the instant lawsuit against the Defendant, seeking KRW 700,000,000,000 for the said monthly rent paid to C and KRW 5.2 million for the said store.

On March 21, 2017, the first instance court made a decision of performance recommendation, and the above decision of performance recommendation and a duplicate of the complaint of this case were served on the defendant on April 20, 2017.

[Ground of recognition] Facts without dispute, significant facts in the party court, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. Ex officio, the bankruptcy estate is constituted (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act). Since the right to manage and dispose of the bankrupt estate from this time belongs to the bankruptcy trustee (Article 384 of the same Act). In the lawsuit against the bankrupt estate, the bankruptcy trustee becomes the party concerned (Article 359 of the same Act).

In this case, the duplicate, etc. of the complaint of this case was served on the defendant on April 20, 2017, and it was already served on the defendant on March 27, 2017, before the lawsuit is pending.