1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Where rehabilitation procedures commence for a party-qualified debtor, only the custodian shall be the party-qualified debtor in a lawsuit relating to the debtor's property under Article 78 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act").

In this case, the plaintiff asserts that the defendant acquired insurance money from the plaintiff and sought a return of unjust enrichment equivalent to the insurance money acquired by deception.

However, according to the evidence evidence Nos. 17-20, the defendant filed a rehabilitation application (2015 group 1) with this court on January 27, 2015 and received a decision to commence rehabilitation procedures on March 23, 2015. The defendant and B were appointed as joint managers, and the defendant received a decision to authorize the rehabilitation plan from the above court on February 19, 2016. Thus, the lawsuit of this case against which the debtor who is not the administrator of rehabilitation procedures are the defendant is unlawful, since it is acknowledged that the defendant received a decision to authorize the rehabilitation plan from the above court on February 19, 2016.

2. The instant lawsuit is unlawful on the following grounds, even if the Defendant’s custodian took over the instant lawsuit, even if the instant lawsuit is unlawful.

According to the Debtor Rehabilitation Act, any property claim that accrues before the commencement of rehabilitation procedures for a debtor constitutes a rehabilitation claim (Article 118), and any custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to filing a report with the rehabilitation creditor, etc. (Article 147); any rehabilitation creditor, etc. recorded in the list shall be deemed to have filed a report pursuant to the Act (Article 151); any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures regardless of whether it is entered in the list shall report his/her rehabilitation claim to the court within the reporting period (Article 148) and any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148), if he/she fails to report within the reporting period due