배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The defendant's assertion and judgment on the defense prior to the merits are not owned by the plaintiff, since the Seodaemun-gu Seoul Metropolitan Government No. 402 of the fourth floor (hereinafter "the real estate of this case") which is the auction property of this case is not owned by the plaintiff, and the plaintiff is not in a position to receive dividends in the distribution procedure of this case, and is not so.
Even if the plaintiff did not have the next priority distribution right, the plaintiff asserts that the plaintiff has no standing to file a lawsuit of demurrer against distribution.
A person who has standing to sue in a lawsuit of demurrer against 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 enforce the security right shall be included in the debtor of such period
However, even if the true owner was not registered as the owner at the time of the registration of commencement of auction, if the real owner was not registered as the owner at the time of the registration of entry into the auction procedure, it is not the owner under Article 90 subparag. 2 of the Civil Execution Act, and if the registration was subsequently made and did not report the right to the court of execution, it is not the person who proves his/her right
Therefore, even if such person did not have the right to raise an objection against the distribution schedule, and even if he stated an objection, it is not unlawful and there is no standing to sue to file a lawsuit of demurrer against distribution.
On the other hand, a person registered as an owner at the time of registration of commencement of auction decision falls under an interested person in the auction procedure, so long as the registration in his name has not been cancelled or transferred even if there is a separate owner, and thus, he/she has the right to raise an objection against the distribution schedule and also has standing to sue to file a lawsuit of demurrer against distribution.
In addition, the defendant's claim does not exist in order to win the lawsuit of demurrer against distribution filed by the creditor.