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(영문) 서울중앙지방법원 2017.10.17 2017나17985
입회금반환
Text

1. The plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of species.

Reasons

1. The judgment as to the legitimacy of the lawsuit against the plant A and B, the joint owner of the plant Papum, the plant plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant

A. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under property claims arising prior to the commencement of rehabilitation procedures are suspended (hereinafter “Act”).

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report rehabilitation claims to the court within the period for reporting the claims (Article 148(1) of the Act); when rehabilitation claims are not confirmed because any objection is lawful by any custodian, etc. regarding the reported rehabilitation claims, the right holder who holds the rehabilitation claims may file an application for the final claim inspection judgment with all objectors as other parties (Article 170(1) of the Act); when a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, all objectors shall take over the litigation procedures against each other in order to seek the confirmation of their rights (Article 172(1) of the Act); the above lawsuit taking over the litigation procedures within one month from the last day of the inspection period or from the special inspection date (Articles 170(2) and 172(2) of the Act); and where a request for taking over the rehabilitation procedures is filed after the expiration of the period, such lawsuit is inappropriate.

In addition, Article 172 of the Act is being carried out as part of the confirmation of rehabilitation claims, and any objection is raised to the rehabilitation claims of any custodian, etc. who takes place on the last day of the inspection period or on the special inspection date, the rehabilitation creditor files an objection with all of the objectors as parties to the lawsuit for the confirmation of his/her rights, and the custodian who becomes the counterpart in the lawsuit is a party in the position of objection as to the rehabilitation claim, so the parties are not interested in the lawsuit.

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