The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Judgment ex officio on the legitimacy of the instant lawsuit

A. Rehabilitation claims under Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act refer to a property claim arising from the cause of the occurrence of claims, such as expression of intent, before the commencement of rehabilitation procedures. As long as the cause of the occurrence of claims is based on the cause prior to the commencement of rehabilitation procedures, the content of the claim has not been specifically determined or even if the cause of the occurrence of claims arrives after the commencement of rehabilitation procedures (see Supreme Court Decision 2012Da114851, May 16, 2014). It is sufficient if the major cause of the claim is preserved before the commencement of rehabilitation procedures.

(see Supreme Court Decision 201Da84335, Nov. 29, 2012). Meanwhile, any rehabilitation creditor who intends to participate in the rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claim (Article 148(1) of the Act); when an objection is raised against the reported rehabilitation claim, all of the objectors as other parties may file an objection to the final claim inspection judgment with the court (Article 170(1) of the Act); and any person dissatisfied with the judgment may file an objection to the final claim inspection judgment with the court.

(Article 171 (1) of the Act: Provided, That where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised to the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(1) Article 172(1) of the Act provides that “Where a rehabilitation creditor files a lawsuit seeking the performance of a rehabilitation claim against an objection to the rehabilitation claim after the rehabilitation procedures commence, or where a rehabilitation creditor, who is not pending in a lawsuit on the rehabilitation claim at the time the rehabilitation procedures commence, files a lawsuit seeking the confirmation of the rehabilitation claim instead of going through the aforementioned procedures provided for in Articles 170 and 17

Supreme Court Decision 201No. 26, 201