1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Pinland ex officio prior to this proposal.

1. When the relevant regulations and legal principles commence, the litigation procedures on rehabilitation claims falling under the property claims arising prior to the commencement of rehabilitation procedures are suspended (hereinafter “Act”).

Article 59(1) of the Act, a rehabilitation creditor who intends to participate in rehabilitation procedures shall report to the court the rehabilitation claim within the period for reporting the rehabilitation claim (Article 148 of the Act); when rehabilitation claims are not confirmed on the grounds of lawful objection by a custodian, etc. regarding the reported rehabilitation claims (Article 170(1) of the Act), a right holder who holds the rehabilitation claim may file an application for the final claim inspection judgment; where a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, he/she shall take over the litigation procedures against all objectors to seek the confirmation of such rights (Article 172(1) of the Act); where a lawsuit is pending at the time the rehabilitation procedures commence, he/she shall take over the litigation procedures within one month from the last day of the inspection period (Articles 170(2) and 172(2) of the Act), and where a request for taking over the rehabilitation claim is filed after the expiration of the inspection period, such lawsuit is unlawful if the other party to the lawsuit fails to take over the rehabilitation claim as part of the rehabilitation claim inspection period by the last day of the inspection period.

Supreme Court Decision 2012Da31789 Decided May 24, 2013