Taeduk Construction Co., Ltd.

Han Chang-yang, Inc.

April 25, 2019

Suwon District Court Decision 2017Kadan228792 Decided October 2, 2018

1. The appeal is dismissed.

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

The judgment of the first instance is revoked. The defendant's compulsory execution against the plaintiff is denied based on the table of rehabilitation creditors of the Seoul Central District Court 2012 Gohap105 case dated September 1, 2012.

1. Quotation of judgment of the first instance;

The reasoning of this Court’s reasoning is as stated in the reasoning of the judgment of the first instance court, and thus, the same is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act (see Supreme Court Order 2016Ma1256, May 23, 2017, which was delivered at the trial by the Plaintiff, is consistent with the conclusion of the first instance court, stating that “In the event there was an executive title with respect to any rehabilitation claim or any rehabilitation security right before the commencement of the rehabilitation procedure, any compulsory execution may not be conducted by the executive title with respect to any existing rehabilitation claim or any rehabilitation security right after the commencement of the rehabilitation procedure, and only the entry of the rehabilitation creditors

2. Conclusion

Therefore, the judgment of the court of first instance is just with the conclusion of the trial, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judge Yang Gyeong-Gyeong (Presiding Judge)