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(영문) 대구고등법원 2019.01.16 2018나22832
배당이의
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the intervention by the Defendant’s Intervenor is the Intervenor joining the Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the judgment of the court of first instance, except for the following additions to the judgment of the court of first instance, and thus, it is acceptable as it is by the main sentence of

Part 15 of the Decision of the first instance shall add the following:

Inasmuch as the registration of transfer of ownership on each of the instant lands in the name of the Plaintiff is null and void, the Plaintiff asserts to the effect that the Plaintiff did not have standing to sue against the Defendant’s request for distribution. However, the person registered as the owner at the time of the registration of commencement of auction falls under an interested party in the auction procedure, as long as the registration of the title is cancelled or not transferred even if the true owner exists, and thus, constitutes an interested party in the auction procedure, and thus, there is a right to raise an objection against the distribution schedule, and further, there is standing to sue to institute a lawsuit of demurrer against distribution (see Supreme Court Decision 2014Da53790, Apr. 23, 2015). Accordingly, insofar as the Plaintiff is registered as the owner of each of the instant lands, the Plaintiff has standing to sue to institute a lawsuit

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.

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