1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

The Plaintiff and the designated parties asserted that, since the Defendant suffered from noise, vibration, dust, etc. caused by the construction of the apartment building B in the Dong-gu Busan Metropolitan City (hereinafter “instant construction”) that was performed from the end of December 2012, the Plaintiff and the designated parties shall compensate the Plaintiff and the designated parties for each of the damages, such as dust damage, noise damage, excessive electricity charges, etc.

Article 118 Subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) refers to a claim on property arising from the cause of the occurrence of a claim, such as declaration of intention, prior to the commencement of rehabilitation procedures. As such, insofar as the cause of the occurrence of a claim is based on the cause prior to the commencement of rehabilitation procedures, the content of the claim is not specific as long as it is based on the cause prior to the commencement of rehabilitation procedures, or even if the maturity comes after the commencement of rehabilitation procedures (see, e.g., Supreme Court Decision 2012Da14851, May 16,

(See Supreme Court Decision 201Da84335 Decided November 29, 2012 (see, e.g., Supreme Court Decision 2011Da84335, Nov. 29, 201). In full view of the overall purport of the arguments in the instant case, the Plaintiff and the designated parties filed a petition for damages incurred by the instant construction works, such as noise, vibration, dust, etc. around June 2015, for consultation with the Defendant. The Defendant was issued a ruling of commencing rehabilitation on September 3, 2015 by the court and obtained the rehabilitation plan approval (Seoul Central District Court Decision 2015Da1025, Feb. 26, 2016). It is recognized that the Plaintiff and the designated parties did not report the claim for damages under the rehabilitation procedure against the Defendant.

In light of the above facts and legal principles, the Plaintiff and the designated parties’ claim for damages against the Defendant constitutes rehabilitation claims by the instant construction, which is the cause before the Defendant’s rehabilitation procedure begins. The rehabilitation plan against the Defendant constitutes rehabilitation claims on February 26, 2016.