1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On January 20, 200, the Plaintiff purchased the buildings listed in the attached sheet (hereinafter “instant building”) newly constructed by B from B from January 20, 200 in KRW 14,00,000.

However, the instant building is a newly constructed building without registration, which had been constructed on the existing site and had not been registered for its destruction.

B. Since then, the instant building was included in the zone housing site development project district, and on July 15, 2014, the Incheon Urban Corporation deposited KRW 159,675,000 for expropriation compensation for the said building (hereinafter “instant expropriation compensation”) as the Incheon District Court Decision 2014Da5798 on the ground that the actual owner of the said building cannot be identified.

C. B was declared bankrupt on March 26, 2013 by this Court Decision 2013Hadan156, and the Defendant was appointed as the bankruptcy trustee B and taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 9, Eul evidence Nos. 2 (including provisional number), and the gist of the plaintiff's argument as to the whole purport of the pleading is an unregistered unauthorized building which is actually purchased and owned by the plaintiff.

However, as the above building was expropriated by the Incheon Urban Corporation, the defendant acquired the compensation of this case as the object, and the defendant is obligated to transfer the above compensation to the plaintiff who is the right holder.

Judgment

(a) A declaration of bankruptcy does not affect the right to repurchase any property that does not belong to the debtor from the bankruptcy estate (Article 407 of the Debtor Rehabilitation and Bankruptcy Act), and when the debtor transfers any property that is the object of the right to repurchase before the debtor is declared bankrupt, the mortgagee may claim the transfer of the right to claim performance in return

(Article 410(1) of the above Act. The method of exercising the right of repurchase includes all the procedures and means to recover the property, and such right of repurchase is not a bankruptcy claim, and is subject to bankruptcy proceedings.