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

2. We examine ex officio the legality of the instant lawsuit.

On July 11, 2016, after the filing of the instant lawsuit by the Dae Heavy Industries Co., Ltd., Ltd., was declared bankrupt on July 11, 2016 by Changwon District Court 2016Hahap6,00, and the Plaintiff was appointed as bankruptcy trustee and taken over the instant lawsuit. The Plaintiff reported the amount of KRW 96,630,448 of the instant goods in the bankruptcy procedure as bankruptcy claim in the said bankruptcy procedure. The Defendant, after having raised an objection to the said claim, reported that the said claim is a bankruptcy claim, and filed an objection to withdrawal of the claim on October 20, 2016, the fact that the said application was permitted is either disputed between the parties or recognized by the overall purport of

According to the Debtor Rehabilitation and Bankruptcy Act, any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424), and any bankruptcy claim reported shall be confirmed as it is without an objection by the trustee in bankruptcy, etc. (Article 458), and any confirmed claim in the table of bankruptcy creditors shall have the same effect as a final and conclusive judgment on all bankruptcy creditors (Article 460), and any bankruptcy creditor may perform compulsory execution according to the entry in the table of bankruptcy creditors after the termination of bankruptcy.

(Article 535(1) and (2) of the instant case. According to the Defendant’s return to the instant case, the Defendant acknowledged the instant goods price reported as a bankruptcy claim by the Plaintiff as a bankruptcy claim and withdrawn an objection. As such, the instant goods price is confirmed as a bankruptcy claim and the Plaintiff is able to perform compulsory execution in accordance with the entry in the table of bankruptcy creditors. Thus, the instant lawsuit is dismissed as it is unlawful as it does not have any interest in