Seoul High Court 2012Na33565 ( November 22, 2012)

(Incompetence of Hearing) Any portion exceeding the maximum amount of claims of the right to collateral security shall not be deemed to have the right to receive a dividend.

(Summary) As to the part exceeding the maximum debt amount of the right to collateral security, the Plaintiff cannot be deemed to have the right to receive a distribution exceeding the maximum debt amount of the right to collateral security, unless there is any assertion or proof that the Plaintiff demanded a distribution or otherwise satisfies the necessary requirements, and the Plaintiff cannot be deemed to have the right to receive a distribution exceeding the maximum debt

2012Da204785 Demurrer against distribution

AAA Limited Liability Company

Seocho-gu Seoul Metropolitan Government Three Overseas Residents

Seoul High Court Decision 2012Na33565 Decided November 22, 2012

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

All of the records of this case and the judgment of the court below and the grounds of appeal are examined, but the argument on the grounds of appeal by the appellant is not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Accordingly, all of the appeals are dismissed pursuant to Article 5 of the same Act, and the costs of appeal are assessed against the losing party.

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final