배당이의의 소의 원고적격이 있는 사람은 이의를 진술한 채권자 또는 채무자임[국승]
Daegu District Court-2013-Gab-24013 ( October 17, 2014)
A person who has standing to sue in a lawsuit of demurrer against distribution shall be a creditor or a debtor who has stated the objection.
A person who has standing to sue in a lawsuit of demurrer against the distribution shall be limited to the creditor or debtor who has attended on the date of distribution and stated an objection against the distribution schedule, and the owner of the object of auction in an auction to exercise the security right shall be included in the debtor of such period
1. The plaintiff's lawsuit is dismissed.
Determination as to the legitimacy of the action against the defendant Republic of Korea, 0000 by AA
A. We examine ex officio the legitimacy of Plaintiff AA’s action against Defendant V, Korea, andOOO alliance.
B. A person who is standing to sue a lawsuit of demurrer against distribution shall be limited to the creditor or debtor who appeared on the date of distribution and stated an objection against the distribution schedule, but the owner of the object of auction shall be included in the debtor. However, even if the real owner is not registered as the owner at the time of the registration of the commencement of auction, if he/she had not been registered as the owner at the time of the registration of the commencement of auction, he/she is not the owner under Article 90 subparagraph 2 of the Civil Execution Act, and if he/she had met the subsequent registration and did not make a report on the right to the court of execution, he/she does not constitute an interested person in the auction procedure. Therefore, even if such person has no right to raise an objection against the distribution schedule, and even if he/she has stated such objection, he/she does not have standing to sue a lawsuit of demurrer against distribution since it is illegal (see Supreme Court Decision 2001Da63155, Sept. 4,
On the other hand, a person registered as an owner at the time of registration of commencement of auction proceedings falls under an interested party of auction proceedings, even if the true owner is different, so long as the registration under his/her name has not been cancelled or transferred, and thus, he/she has the right to raise an objection against the distribution schedule, and standing to sue to file a lawsuit of demurrer against distribution thereafter (see Supreme Court Decision 2014Da53790, Apr. 23, 2015).
C. In light of the relevant legal principles, Plaintiff AA did not register the instant real estate as the owner at the time of the registration of the establishment of the instant order to commence the auction and did not report the right to the court of execution. Accordingly, Plaintiff AA did not have the right to raise an objection against the distribution schedule of the instant case, and even if Plaintiff A had stated an objection, this is illegal, and thus, Plaintiff AA’s lawsuit of demurrer to the distribution of the instant real estate was filed by a person who has no standing to sue, and thus, is unlawful.