1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of lawsuit shall be borne by each person;

purport.

1. Basic facts

A. The Plaintiff’s designated party and the appointed party (hereinafter “Plaintiff, etc.”) received a seizure and collection order as to the claim against the Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) of the above company (hereinafter “Dongbu Construction”) based on an executory notarial deed against A&D Co., Ltd.

B. On November 14, 2014, the Plaintiff et al. filed a lawsuit against the construction of the same division based on the seizure and collection order, and the first instance court rendered a favorable judgment on March 4, 2015.

On March 23, 2015, Dong Construction filed an appeal.

C. With respect to the East Construction, rehabilitation procedures (Seoul Central District Court 2014 Gohap100212) were in progress, and the rehabilitation commencement authorization decision was rendered on July 3, 2015.

On November 24, 2015, the defendant, who is the administrator of the East Construction, filed an appellate brief on November 24, 2015, and the plaintiff received it on December 15, 2015.

In the above statement of grounds of appeal, since the court rendered a decision to authorize rehabilitation regarding the construction of the building department, there is a claim to the effect that the lawsuit in

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination:

A. Legal doctrine 1) In order to prevent rehabilitation creditors from suffering disadvantages arising from forfeited rights under authorization of the rehabilitation plan by failing to report their own claims on the grounds that rehabilitation creditors were unaware of the rehabilitation procedure, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

In light of the purport of the list of rehabilitation creditors under Article 147, the custodian is obligated to record the non-existence of the rehabilitation claim on the list of rehabilitation creditors unless it is objectively evident exceptional cases. (2) However, any rehabilitation creditor who intends to participate in the rehabilitation procedure shall, in principle, report the content and cause of the rehabilitation claim to the court within the reporting period (Article 148(1) of the Debtor Rehabilitation Act), but he/she may be held responsible.