Since there is no standing to sue to file a lawsuit of demurrer against distribution, it shall be dismissed.

A person entitled to provisional registration for security loses his/her right to receive dividends from the proceeds of sale if he/she fails to report a claim within the period set by the court of execution, and there is no qualification to file a lawsuit of demurrer against distribution.

Article 24 of the National Tax Collection Act

2017 grouped 118363 of an objection to distribution

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Republic of Korea and 1

March 21, 2018

April 18, 2018

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

DD District Court 2016 Dop.*713 regarding real estate auction cases, the dividend amount of KRW 88,956,621 against the Republic of Korea and the dividend amount of KRW 488,340 against the defendant DDD (third order) shall be deleted, respectively, from among the dividend table prepared by the above court on November 14, 2017, and the dividend amount of the plaintiff shall be corrected to KRW 89,44,961.

1. Basic facts

A. On April 24, 2013, a provisional registration of the Plaintiff’s right to claim transfer of ownership was made with respect to the share of 6931/7621 square meters among Do ○○-gu ○○○○○○, G, 259, 25274 square meters of forests and 25274 square meters of woodland 159-1 forest and 7621 square meters of woodland 7621.

B. On November 11, 2016, with respect to each of the above real estate and each of the above real estate and the forest land of 159-2 shares in the same Risan 6770 square meters, the auction procedure of real estate rent*713 was initiated upon the application of the DoD Saemaul Depository, a collective security interest, at the request of the DoD Saemaul Depository.

C. On November 14, 2016, the court sent a peremptory notice stating that the provisional registration under the Plaintiff’s name is a provisional registration as well as a provisional registration for security on November 14, 2016 at the Plaintiff’s domicile (JJ K 247(00), which is indicated in the provisional registration, by registered mail, that the Plaintiff shall report the existence, cause, and amount of the claim and the amount of the claim to demand distribution ( January 31, 2017), but the Plaintiff did not report within the fixed period.

D. On November 14, 2017, this Court prepared a distribution schedule of KRW 256,877,022 to the DoD Saemaul Bank (Order 1) to distribute KRW 137,519,590 to the Defendant DD Saemaul Bank (Class 1), KRW 684,020 to the Defendant DDB (Class 1), KRW 228,451 to KRW 29,228,451 to the Defendant Republic of Korea (Class 3), KRW 88,956,621 to the Defendant Republic of Korea (Class 3), and KRW 48,340 to the Defendant DD Si (Class 3) to the distribution date. The Plaintiff appeared on the distribution date and raised an objection against the amount of dividends to the Defendant Republic of Korea and the Defendant DD City (Class 3).

Evidence No. 1, Evidence No. 2-1, Evidence No. 2, Evidence No. 4, the purport of the whole pleadings

2. Determination ex officio as to the lawfulness of a lawsuit

A demand to report a claim to a person entitled to provisional registration under Article 16(1) of the Provisional Registration Security Act may be made in such a way as deemed reasonable unless otherwise prescribed by a special provision as one of the highest in civil execution procedures. If a person entitled to provisional registration for security fails to report a claim within the period determined by the executing court, the said person loses his/her right to receive distribution of the proceeds of sale (see Supreme Court Decision 2007Da25278, Sept. 11, 2008). A creditor who lost his/her right to receive distribution does not have the right

In the auction procedure of this case, the court issued a peremptory notice to report the claim to the address on the registry of the plaintiff who is the right holder of provisional registration by registered mail. Thus, the peremptory notice to report the claim to the plaintiff is lawful. Furthermore, since the fact that the plaintiff did not report the claim within the specified period is also identical to the fact that the plaintiff did not report the claim, the plaintiff lost the entitlement to receive dividends in the auction procedure of this case, and even if the plaintiff appeared on the date of distribution and raised an objection to the distribution schedule, it is illegal objection, and there is no standing to file a lawsuit of demurrer

3. Conclusion

The lawsuit of this case is dismissed as it is unlawful because it has no standing to sue.