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

In regard to this, the Defendant reported the claim to be sought by the Plaintiff as a rehabilitation claim after the decision was rendered on the commencement of rehabilitation procedures for the Middle Medical Welfare Foundation, and even though the Defendant raised an objection within the period of claim investigation, the Plaintiff did not take over the litigation procedures of this case against the Defendant, who is the party to the claim investigation within one month from the end of the period of claim investigation. Therefore, the instant lawsuit is unlawful.

2. Determination as to the legitimacy of the instant lawsuit

A. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under property claims arising prior to the commencement of rehabilitation procedures are suspended (hereinafter “Act”).

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report rehabilitation claims to the court within the period for reporting the claims (Article 148 of the Act); when any objection is lawful by any custodian, etc. on the reported rehabilitation claims is not confirmed, the right holder holding the rehabilitation claims may file an application for the final claim inspection judgment (Article 170(1) of the Act); when a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, the right holder holding the rehabilitation claims may also file an application for the final claim inspection judgment; when a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, the lawsuit shall be taken over against all objectors to seek the confirmation of such rights (Article 172(1) of the Act); the foregoing lawsuit shall be taken over within one month from the last day of the inspection period or from the special inspection date (Articles 170(2) and 172(2) of the