임대차보증금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant’s claim to return the lease deposit of the Plaintiff’s defense prior to the merits was finalized through the rehabilitation procedure, and the claim to resume the instant lawsuit was filed after the lapse of the statutory period, and thus, is unlawful.
2. 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 to the court the rehabilitation claim within the period for reporting the rehabilitation claim (Article 148 of the Act); when rehabilitation claims are not confirmed on the grounds of lawful objection by any custodian, etc. with respect to the reported rehabilitation claims (Article 170(1) of the Act), any holder of the right who holds the rehabilitation claim 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, all of the objectors shall take over the litigation procedures to seek the confirmation of such rights (Article 172(1) of the Act); and the above lawsuit shall be taken within one month from the last day of the inspection period (Articles 170(2) and 172(2) of the Act). Where an application for taking over the rehabilitation claim after the expiration of the period is filed, such lawsuit is illegal if all of the other parties to the lawsuit are subject to the rehabilitation claim as part of the rehabilitation claim claim inspection period by the last day of the inspection period.