1. The lawsuit against the defendant B shall be dismissed;

2. The Plaintiff:

A. Defendant A, among the real estate listed in the separate sheet No. 1, shall be attached.

The summary of the case is that the plaintiff claims the payment of the expenses for the delivery of the official residence and the payment of the expenses for the delayed removal against the defendants, who were not withdrawn from the military official within three months or two months from the date of discharge or retirement.

Since the individual rehabilitation procedure is in progress against Defendant B's assertion as to the legitimacy of the lawsuit against Defendant B, the lawsuit seeking the payment of the management expenses for the withdrawal delay should not be accepted.

Judgment

According to the records, Defendant B filed an application for individual rehabilitation with Suwon District Court 2013 2013 Ma594 on May 21, 2013, and it is recognized that the decision to commence individual rehabilitation procedures against Defendant B was made on June 30, 2014 before June 30, 2014, and the Plaintiff’s above management expense claim entered in the list of individual rehabilitation creditors.

In light of the provisions of the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, filing a lawsuit for performance based on individual rehabilitation claims that are newly entered in the list of individual rehabilitation creditors after the decision to commence individual rehabilitation procedures was rendered (see Supreme Court Decision 2013Da42878, Sept. 12, 2013) is not allowed (see Supreme Court Decision 2013Da42878, Sept. 12, 2013), and a creditor as a creditor shall be bound to dispute the existence

Therefore, the Plaintiff’s instant lawsuit against Defendant B, which was filed after the decision to commence individual rehabilitation procedures against Defendant B was rendered, is unlawful as it goes against the relevant provisions of the Debtor Rehabilitation and Bankruptcy Act.

In fact, Defendant A, who was in military service, occupied on February 19, 2010 the five floors of the real estate listed in the attached list owned by the Plaintiff on February 19, 2010 (A) part (E apartment Nos. 103 502, 502) that connects each point of the attached list Nos. 1, 2, 3, 4, and 1 among the five floors of the real estate listed in the attached list owned by the Plaintiff.

Defendant A was discharged on March 31, 2012, and E.