beta
Text
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
purport.
Reasons
1. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act ex officio judgment on the legitimacy of the lawsuit in this case (hereinafter referred to as the “Act”), where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period under Article 596(2)1 of the Act, or where the application for a final judgment on an individual rehabilitation claim inspection is rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)), and where a claim is confirmed under paragraph (1), a junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors (paragraph (2)), and where any confirmed individual
(3) Meanwhile, pursuant to Article 604 of the Act, any individual rehabilitation creditor who has an objection to the contents of the list of individual rehabilitation creditors may file a written objection within the objection period provided for in Article 596(2)1 (Article 596(1)). In a case where there is an objection against any right that has been pending in a lawsuit at the time the individual rehabilitation procedures commence, he/she may not file a separate application for a judgment in claim allowance proceedings, and any pending lawsuit should be modified into a lawsuit
(2) In light of the purport of the above provision, when a creditor who has been recorded in the list of individual rehabilitation creditors has an objection to the content thereof, it shall be deemed that a final judgment on an individual rehabilitation claim is filed within the objection period, or that a claim is finalized according to the list of individual rehabilitation creditors. If a claim recorded in the list of individual rehabilitation creditors is confirmed as it is, then the lawsuit that has already been pending shall be deemed that there is no benefit in maintaining the lawsuit.
In the case of this case, the purport of this court's obvious facts and arguments is the whole purport.