1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant shall be borne individually.

ex officio, we examine the legitimacy of the instant lawsuit.

According to Articles 584, 347(1) and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the debtor shall exercise the avoidance power and the court may order the debtor to exercise the avoidance power, at the request of the creditor or rehabilitation commissioner or ex officio. When a lawsuit filed by any individual rehabilitation creditor is pending at the time such individual rehabilitation procedure commences, the lawsuit shall be interrupted until the takeover of the individual rehabilitation procedure or the termination of the individual rehabilitation procedure is interrupted.

In light of the purport of these provisions and the nature of individual rehabilitation procedures, which are collective debt-handling procedures, and the purpose of avoidance power, after a decision to commence individual rehabilitation procedures has been rendered, the debtor shall exercise the avoidance power aiming at equal repayment to all creditors, and the debtor cannot file a lawsuit seeking revocation against the creditor, which is aimed at preserving individual rehabilitation claims that are entered in the list of individual rehabilitation creditors, on the premise of individual compulsory execution by individual rehabilitation creditors who are unable to receive repayment or require repayment.

(see Supreme Court Decision 2010Da37141, Sept. 9, 2010). Therefore, when a creditor has already been granted a revocation suit at the time of commencement of individual rehabilitation procedure, as in the instant case, when a creditor has already been granted the commencement of individual rehabilitation procedure, the debtor who is legally qualified to take over the lawsuit shall take over the lawsuit, and the debtor who has taken over the lawsuit shall change the existing

However, the Plaintiff, after the decision to commence the rehabilitation procedure against the Plaintiff, should change the creditor revocation lawsuit against the Defendant to the lawsuit of denial under the Debtor Rehabilitation Act, but did not change the lawsuit by the date of closing argument. Thus, the Plaintiff’s lawsuit against the Defendant is unlawful.

Therefore, the instant lawsuit is dismissed.