The judgment of the court below is reversed.

The litigation of this case shall be dismissed.

The total costs of litigation shall be borne by the plaintiff for retrial.

ex officio deemed.

1. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when a decision is made to commence rehabilitation procedures, the legal proceedings relating to the debtor’s property shall be interrupted (Article 59(1)). When any rehabilitation creditor who intends to participate in rehabilitation procedures is deemed to report to the court the cause and details of the rehabilitation claim (Article 148), and rehabilitation claims listed in the list of rehabilitation creditors are deemed to have been reported (Article 151). In the absence of special circumstances, any rehabilitation claim that is not reported shall be forfeited when a decision is made to authorize the rehabilitation plan pursuant to Article 251 of the Debtor Rehabilitation Act (see Supreme Court Decision 2007Da44354, Dec. 9, 2010; 2007Da4361, Apr. 4, 203). When any custodian, etc. raises an objection against the reported rehabilitation claim and the rehabilitation claim becomes final and conclusive, the right holder who holds the rehabilitation claim may file an objection to the final claim inspection judgment (Article 170(1))).

(1) Article 172(1) of the Act provides that the foregoing taking-over of the legal proceedings is carried out as part of the confirmation of a rehabilitation claim, and any objection is raised to the rehabilitation claim of a custodian, etc., which is carried out by the end of the inspection period, and any rehabilitation creditor files an objection with all of the objectors as parties to the lawsuit for the confirmation of his/her right, and any custodian who is the other party to the lawsuit in the taking-over legal proceedings becomes a party to the lawsuit in the status of interest as to the rehabilitation claim.

(see Supreme Court Decision 2012Da31789, May 24, 2013). Moreover, during the proceeding of a lawsuit, a decision was rendered on the commencement of the rehabilitation procedure against either party, and the court did not know the fact, and the custodian did not know it.