The part concerning the principal lawsuit in the judgment of the first instance shall be revoked, and the principal lawsuit of the plaintiff (Counterclaim defendant) shall be dismissed.

1. We examine ex officio determination on the legality of the principal lawsuit of this case as to the legitimacy of the principal lawsuit of this case.

Where a lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, where any rehabilitation creditor intends to file a claim for confirmation of rights due to an objection by an interested party, all of the objectors shall file an application for taking over the previous lawsuit with the competent court (Article 172(1) of the Debtor Rehabilitation and Bankruptcy Act). In such cases, the application for taking over shall be filed within one month from the last day of the inspection period (Articles 172(2) and 170(2) of the same Act). Where a request for taking over an existing lawsuit is filed after the expiration of the period, even if the existing lawsuit is changed to a lawsuit for confirmation of the rehabilitation claim, it is unlawful even if the lawsuit is filed by the Defendant’s filing of the application for taking over the rehabilitation claim with the competent court on February 11, 2000, from 200 to 18.20 days after the expiration of the inspection period, to 18.18 days after the date of filing the application for taking over the rehabilitation claim, along with reference materials submitted by the Plaintiff on March 20, 2018.

However, the plaintiff changes the existing principal domicile to the lawsuit for confirmation of rehabilitation claims.