동산인도 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for an additional determination as to the following matters. Thus, it is acceptable to accept this as it is by the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts to the effect that the said rehabilitation procedure was unlawful on the ground that the Plaintiff did not have an opportunity to state his/her opinion as a creditor in the above rehabilitation case 2014 Mahap112
(1) A custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to filing a report on rehabilitation creditors, etc. (hereinafter “Rehabilitation Act”).
Article 147 of the Debtor Rehabilitation Act (Article 151 of the Debtor Rehabilitation Act), and any rehabilitation creditor, etc. described in the list shall be deemed to have reported pursuant to the relevant provisions (Article 147 of the Debtor Rehabilitation Act), and any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures, regardless of whether it is entered in the list, shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148 of the Debtor Rehabilitation Act), and any rehabilitation creditor,
(1) Article 152(3) of the Debtor Rehabilitation Act provides that “Where any rehabilitation creditor fails to report his/her claim to the rehabilitation procedures until the completion of the assembly of related persons for the examination of the rehabilitation plan by failing to know the existence of the rehabilitation claim or his/her claim for such rehabilitation claim, the rehabilitation creditor becomes aware of the claim even after the assembly of related persons for the examination of the rehabilitation plan ends, notwithstanding Article 152(3) of the Debtor Rehabilitation Act.”