배당이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court's explanation of this case is insufficient to acknowledge the defendant's assertion, adding testimony of witness G of the court of first instance to evidence which is insufficient to acknowledge the defendant's assertion, and the sixth-party decision of the court of first instance.
In addition to the following changes, the reasoning of the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance.
2. As to the modified part regarding the standing to sue, the Defendant is the real owner of the instant real estate D and the Plaintiff merely is the title trustee. Thus, the Plaintiff’s filing of a lawsuit of demurrer against the distribution of this case is unlawful.
2. However, 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 exercise the security right shall be included in the said debtor
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 the registration of commencement of auction falls under an interested person of auction procedure, so long as the registration in his name has not been cancelled or transferred even if there is another owner, and further, an objection against the distribution schedule is entitled to be raised.