1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Progress of litigation;

A. On October 12, 2015, the Plaintiff filed the instant lawsuit against the Defendant and received a favorable judgment in the first instance court on August 30, 2016.

B. However, on February 17, 2017, the Defendant filed an application for rehabilitation with Daejeon District Court 2017 Gohap5006, and received a decision to commence rehabilitation proceedings on April 3, 2017, and accordingly the instant legal proceedings were suspended.

C. The Plaintiff reported the instant claim as a rehabilitation claim to the rehabilitation court within the reporting period of the rehabilitation claim. However, H, a joint management by the debtor of the rehabilitation debtor, and I raised an objection to the Plaintiff’s rehabilitation claim before July 24, 2017, which is the end of the reporting period of the rehabilitation claim.

However, the plaintiff did not file an application for the final claim inspection judgment with the rehabilitation court, and this court did not file an application for the continuation of the legal proceedings against H and I, the joint management of the debtor who is an objection to the rehabilitation claim.

[Reasons for Recognition] No dispute exists, Eul's entry in the evidence of subparagraphs 6 through 8, a substantial fact in this court, and the purport of the whole pleading

2. Judgment on the lawfulness of the lawsuit

A. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under property claims arising prior to the commencement of rehabilitation procedures are suspended (hereinafter “Act”).

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report rehabilitation claims to the court within the period for reporting the claims (Article 148 of the Act); when rehabilitation claims are not confirmed on the grounds of lawful objection by any custodian, etc., the right holder holding the rehabilitation claims may file an application for the final claim inspection judgment (Article 170(1) of the Act); when any lawsuit on the disputed claims is pending at the time rehabilitation procedures commence, any person who holds the right to the rehabilitation claims may take over the litigation procedures against all objectors to seek the confirmation of his/her rights (Article 172(1) of the Act); and the foregoing lawsuit proceedings are pending at the time of commencement of