1. The plaintiff's lawsuit shall be dismissed.

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

1. Judgment on the lawfulness of the lawsuit

A. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under property claims arising prior to the commencement of rehabilitation procedures are suspended (hereinafter “Act”).

The rehabilitation creditor who intends to participate in rehabilitation procedures shall report to the court the rehabilitation claim within the period for reporting the rehabilitation claim.

(1) Article 148(1) of the Act provides that when any rehabilitation claim is not confirmed on the grounds of lawful objection by any custodian, etc. with respect to the reported rehabilitation claim, a right-holder who holds the rehabilitation claim may file an application for a final claim inspection judgment (Article 170(1) of the Act). Furthermore, where a lawsuit is pending with respect to the disputed claim at the time rehabilitation procedures commence, all of the objectors shall take over the lawsuit to seek the confirmation of such right (Article 172(1) of the Act). The above application for taking over the lawsuit shall be filed within one month from the last day of the inspection period or from the special inspection date (Articles 172(2) and 170(2) of the Act). Where an application for taking over the lawsuit is filed after the expiration of the period, the lawsuit is illegal (see, e.g., Supreme Court Decision 9Da52312, Feb. 11, 200). Article 172 of the Act provides that the other party to the lawsuit may take over the rehabilitation claim before the inspection date or special inspection date.

Therefore, even if the application is filed before the last day of the investigation period or the special investigation date, it shall be applied.