The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. The basic facts presented by the court in the judgment of the court of first instance and the allegations by the parties are the same as the corresponding part of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Article 411 of the Debtor Rehabilitation and Bankruptcy Act provides that any lien, pledge, mortgage, security right under the Act on Security over Movable Property, Claims, Etc., which is established on the property belonging to the bankrupt estate in the course of bankruptcy proceedings, shall be the right to foreclose outside bankruptcy.

The right to separation may be exercised without resorting to bankruptcy procedures (Article 412), and the provisions on the right to separation under bankruptcy procedures shall be applied mutatis mutandis to the claims that cannot be repaid by the exercise of the right to separation (Article 413). The provisions on the right to separation under bankruptcy procedures shall apply mutatis mutandis to individual rehabilitation procedures (Article 586). A person who is entitled to exercise the right to separation may exercise the right to separation regardless of whether he/she has reported his/her claims as bankruptcy claims or individual rehabilitation claims in the bankruptcy procedures or individual rehabilitation procedures, and when exercising the right to separation above, he/she is not subject to restrictions according to the authorized individual rehabilitation repayment plan.

A person entitled to separation may participate in the bankruptcy procedure or individual rehabilitation procedure, as in other general creditors, and exercise his/her right as a general creditor, with respect to "the amount of claims that cannot be changed (the remaining amount)" by the exercise of the right to separation.

The defendant renounced the right to foreclose outside bankruptcy on the sole basis of the evidence of Nos. 1 through 16.

The recognition is insufficient, and there is no other evidence to prove it.

3. Conclusion, the first instance judgment is justifiable, and the Plaintiff’s appeal is dismissed.