1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Where a lawsuit on a rehabilitation claim is pending at the time the rehabilitation procedures commence with respect to the lawfulness of the lawsuit, a rehabilitation creditor shall report the rehabilitation claim; if there is no objection against the reported rehabilitation claim, it shall be confirmed as stated in the report; and when entering the confirmed rehabilitation claim in the table of rehabilitation creditors, the entry of the recorded rehabilitation claim in the table of rehabilitation creditors becomes the same effect as the final and conclusive judgment, and thus, the lawsuit on the pending rehabilitation claim becomes illegal as there is no benefit of the lawsuit (see, e.g., Supreme Court Decision 2013Da17971, Jun. 26, 2014). As to the instant case, the rehabilitation procedure for the rehabilitation debtor B, which was pending in the instant lawsuit, commenced on May 28, 2014, and the Plaintiff reported as the rehabilitation claim on December 24, 2014, the fact that the Defendant becomes final and conclusive as the principal claim out of the refunded down payment claim and entered in the list of rehabilitation creditors, or that the Defendant’s entire pleadings were recognized as a dispute between the parties.

Therefore, the instant lawsuit seeking the performance of the principal claim against the Defendant is unlawful as there is no benefit of lawsuit.

2. If so, the lawsuit of this case shall be dismissed, and the judgment of the court of first instance shall be dismissed and it shall be revoked and it shall be so decided as per Disposition as to dismiss the lawsuit of this case.