The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Judgment ex officio is made.

Pursuant to Articles 584(1) and 406(1) of the Debtor Rehabilitation and Bankruptcy Act, when a lawsuit filed by an individual rehabilitation creditor is pending in the court at the time the individual rehabilitation procedure commences, the proceedings shall be interrupted until the takeover of the lawsuit or the completion of the individual rehabilitation procedure is commenced.

In a case where a court rendered a judgment by proceeding a litigation without knowledge of the commencement order of an individual rehabilitation procedure while a creditor’s revocation suit was pending, but the court rendered a judgment by proceeding the litigation as it was in the state where the debtor did not take over the litigation procedures, the judgment was held in a state where the debtor, who is to take over the litigation procedures according to the commencement order of an individual rehabilitation procedure, is unable to do so by law, and the same applies to the case where the court

(See Supreme Court Decision 2013Da73780 Decided May 29, 2014, etc.). The Plaintiff asserts that a contract for the transfer of the name of building permit concerning the instant building concluded between the debtor and the defendant with the claim for the return of the lease deposit against the debtor C (hereinafter “debtor”) is a fraudulent act detrimental to the Plaintiff, and is seeking the cancellation of the said transfer contract and the procedure for the change of the name of the owner to the debtor.

According to the records, when the complaint of this case sent to the defendant's domicile due to the defendant's resident registration address was unable to be served, the court of first instance shall serve it by public notice and proceed with pleadings, and rendered a judgment citing the plaintiff's claim. Accordingly, the defendant filed a subsequent appeal on November 18, 2015, which was the Daejeon District Court 2015da25626, which was the date of closing the argument of the court below, and the court below decided to commence individual rehabilitation procedures for the debtor.