1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. In the Changwon District Court C Voluntary Auction Procedure (hereinafter “instant auction procedure”) conducted with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the Defendant completed the registration of transfer of ownership for the instant real estate as the ground for the said sale under the Changwon District Court Kimhae-hae Registry on February 25, 2019, upon receipt of the decision to permit sale on January 30, 2019 and payment of the sale price on February 20, 2019.

B. On the other hand, on January 30, 2019, the Plaintiff filed an application for commencing rehabilitation procedures with the Changwon District Court 2019 Ma1006, and the rehabilitation court rendered, on February 15, 2019, a decision ordering all rehabilitation creditors and rehabilitation secured creditors to prohibit compulsory execution, etc. based on a rehabilitation claim or rehabilitation security right (hereinafter “general prohibition order”), and at the same time, made a decision in lieu of delivery by public notice, and publicly announced the general prohibition order.

C. On May 30, 2019, the rehabilitation court dismissed the Plaintiff’s application for commencing rehabilitation procedures, and the Plaintiff appealed against this and received a decision to dismiss the appeal on October 7, 2019.

[Supplementary High Court (original Court) 2019Ra10044]. [Reasons for Recognition] A without dispute, each entry of evidence Nos. 2, 3, 4, and 11, and the purport of the whole pleadings

2. In the event of a general prohibition order, compulsory execution, etc. based on any rehabilitation claim or rehabilitation security right already undertaken against the debtor’s property is suspended (Article 45(3) of the Debtor Rehabilitation and Bankruptcy Act), and if the execution was carried out contrary thereto, it is unlawful.

However, in the case of this case where the Defendant, the buyer after the general prohibition order, paid the proceeds of the sale, the interested parties may raise an objection to the execution and seek the correction thereof by an immediate appeal. Unless this objection procedure is followed, the Defendant has the ownership of the real estate in this case.