A lawsuit of demurrer against distribution shall be filed with the creditor or debtor who has been present on the date of distribution by a person who has standing to sue and has raised an objection against the distribution schedule in substance.

A lawsuit of demurrer against distribution shall be filed with the creditor or debtor who has been present on the date of distribution by a person who has standing to sue and has raised an objection against the distribution schedule in substance.

Article 80 of the National Tax Collection Act

2011 Single 12735 Demurrer against distribution

Section AA

BB Three others including the Agricultural Cooperatives

May 25, 2012

June 8, 2012

1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Of the distribution schedule prepared by the said court on December 14, 2011, in the procedure of the real estate auction case No. 201T at Changwon District Court, the amount of dividends to Defendant BB Agricultural Cooperative on December 14, 2011, the amount of dividends to Defendant BBC, the amount of dividends to Defendant DD is KRW 000, the amount of dividends to the Republic of Korea is KRW 000, and the amount of dividends to the Republic of Korea is KRW 00,000, and the amount of dividends to Defendant E is KRW 00,000, respectively.

1. Basic facts

A. The Plaintiff and Nonparty FF shared 1/2 shares of each of the instant real estate and 1/2 shares of the building with 000 00 m2 and 580 m2 above each of the instant real estate (hereinafter collectively referred to as “each of the instant real estate”), among each of the instant real estate, the establishment of a mortgage was completed on September 10, 2007 with respect to the entire shares of the Plaintiff and F, the Plaintiff and FF, and F, and F, with respect to each of the instant real estate, the maximum debt amount was changed to KRW 00 on June 3, 2011, when the following auction procedure was commenced, and the maximum debt amount was changed to KRW 00 (the maximum debt amount was changed to KRW 00 on January 18, 2008, the maximum debt amount was changed to KRW 00 gG and 000, the maximum debt amount was reduced to KRW 000 on May 28, 2008, and Defendant F, each of the instant real estate.

B. On April 29, 201, at the request of creditors, the Changwon District Court rendered a decision to commence an auction of real estate rent (hereinafter “instant auction procedure”) under the Changwon District Court’s Dong-gu, Seoul District Court Decision 201Mo3963, Apr. 29, 201 with respect to the FF share of each of the instant real estate, and the Plaintiff was awarded a successful bid for the said FF share in the said auction procedure.

C. On December 14, 2011, the above auction court set the amount to be actually distributed on the date of distribution of the instant auction procedure at KRW 000, and, in the first order, set up a distribution schedule with the content that sets forth the amount to be actually distributed to Defendant BBP cooperatives, the mortgagee, at the order of priority, KRW 1/2,00 of the maximum debt amount out of the claim amount, and at the second order, Defendant BBP cooperatives, the applicant creditor, at the order of priority, Defendant D, the mortgagee, at the order of priority, at KRW 00, KRW 00, and KRW 24141 and KRW 158, each of which is distributed to Defendant BBP cooperatives, the applicant creditor, at the order of priority, at KRW 300, and

D. The Plaintiff appeared on the date of distribution and raised an objection against the dividend amount against the Defendants and EG.

[Reasons for Recognition] 1, 4, and 5, and the whole purport of the pleading

2. Summary of the plaintiff's assertion

After the commencement of the auction procedure in this case, if the FF’s payment of part of the obligation against Defendant BB Agricultural Cooperative, the remaining amount of the claim is entirely secured only by a collateral security on the FF’s share out of each of the real estate in this case, and thus, the Plaintiff believed the horse of the above Defendant that the claim will no longer remain, and the Plaintiff subrogated the said Defendant with the maximum debt amount of KRW 000,000, and replaced the said amount of the debt amount to KRW 00,000, and the said auction court still distributes only one half of the maximum debt amount to the said Defendant, and still bears the responsibility for the said Defendant as a surety’s surety. In the auction procedure in this case, it is inappropriate to distribute only one half of the maximum debt amount to Defendant BB Agricultural Cooperative within the scope of the maximum debt amount, and thus, the distribution schedule should be revised as stated in the purport of the claim.

3. Determination ex officio on standing to sue

ex officio, we examine the legitimacy of the instant lawsuit.

A person who has standing to sue in a lawsuit of demurrer against a distribution shall be present on the date of distribution and raise an objection on the distribution schedule, and according to the above facts, the plaintiff is not entitled to appear on the date of distribution as well as to raise an objection against the distribution schedule inasmuch as there is no evidence to acknowledge that the plaintiff has a claim against the debtor's fixedF, unlike the co-ownership right holder of each real estate of this case, and there is no other evidence to prove that the plaintiff has a claim against the debtor's fixedF. Therefore, even if the plaintiff who has no authority to do so appeared on the date of distribution and raised an objection against the distribution schedule, this is illegal as it is merely an unlawful objection, and

4. Conclusion

The plaintiff's lawsuit against the defendant frame is all unlawful, so it is decided to dismiss, and it is so decided as per Disposition.