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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The defendant asserts that the lawsuit of this case is unlawful because it is against a person who is not qualified as a party.
According to the records of the certified transcript of corporate register of Defendant Dongbu Construction Co., Ltd., Defendant Dongbu Construction Co., Ltd., prior to the filing of the instant lawsuit, filed for rehabilitation with the Seoul Central District Court 2014 Ma100212, which was prior to the filing of the instant lawsuit, and received a decision to commence rehabilitation proceedings on January 7, 2015, and recognized that B was appointed as a legal administrator.
According to Article 78 of the Debtor Rehabilitation and Bankruptcy Act, where rehabilitation procedures commence for a debtor, only a custodian shall be the party in a lawsuit concerning the debtor's property.
Therefore, the lawsuit of this case brought against Defendant Dong Construction Co., Ltd. as the other party is dismissed as it is illegal since it is against a person who is not a party.