A lawsuit of demurrer against distribution filed against a third party who is not a trustee in bankruptcy on the distribution schedule constitutes an unlawful lawsuit of demurrer against distribution.

A person who received a distribution on the date of distribution of an auction case shall be a bankruptcy trustee who is the holder of the right to deliver, and a lawsuit of demurrer against distribution filed by the plaintiff against the defendants who did not receive a distribution in the

2015 grouped 111279 Demurrer against distribution

EO

Republic of Korea and six others

August 18, 2015

September 1, 2015

1. The plaintiff's lawsuit of this case is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Cheong-gu Office

Of the distribution schedule prepared by the Suwon District Court on April 1, 2015, the amount of dividends against the plaintiff among the distribution schedule prepared by the said court on April 1, 2015 shall be KRW 000,000, and the amount of dividends against the defendants shall be corrected to KRW 0,00,000, respectively.

In full view of evidence No. 1, evidence No. 2, evidence No. 3-1, 2, 3, and evidence No. 4, and the overall purport of the pleadings, the court of Suwon District Court with regard to KRW 2.8m2, 142.9m2 and the above ground-based 142.9m2, 142.9m2 and the above ground-based 80.58m2, 2.8m2, 108m2, 2000 for each real estate of this case (hereinafter referred to as each of the real estate of this case), the court of the same jurisdiction with regard to KRW 1,00 for compulsory auction at KRW 20,00,00 for KRW 1,00,00 for KRW 20 for the remainder of the auction auction (hereinafter referred to as the above 00,000 for the auction of real estate of this case) at KRW 0,000 for the above ground-based 20,000 for the auction of this case.

The maximum amount of 00 won (the total amount of 00 won and interest 000 won) was distributed to OO's bankruptcy administrator, 00 won for the national tax claim of OO's non-existent, 00 won for the 3rd priority, 00 won for the claim of O's office, 00 won for the claim of OO's office as 4th priority, 00 won for the claim of OO's office as 5th priority, 00 won for the claim of OO's specialized in the provisional attachment (the claim amount is 00 won), 00 won for the claim of 00 won for the claim of O card company as the owner of the provisional attachment, 200 won for the claim of 00 won and interest 00 won for each claim of O's office as 00 won and 900 won for the claim amount of O's principal and interest 100 won for each claim of O's creditor.

2. Determination

On the date of distribution of the auction case of this case, the plaintiff filed a lawsuit of demurrer against the defendants as to the defendants' claims distributed in the order of 3, 4, and 5 against Lee O in bankruptcy, who is the right holder, on the date of distribution. Thus, the person who received dividends on the date of distribution of the auction case of this case shall be Lee O in bankruptcy, who is the right holder (see Supreme Court Decision 2002Da70129, Jun. 24, 2003). The lawsuit of demurrer against the defendants who did not receive dividends in the auction case of this case shall be unlawful. The lawsuit of demurrer against the defendants which was filed against Twon District Court 2012Kadan00, 2012, as the plaintiff was denied rehabilitation security right from the debtor Lee OO in the rehabilitation rehabilitation claim of this case, the judgment of the court 200,000 won prior to the closure of the rehabilitation claim of this case (the judgment of the court 201,000 won prior to the commencement of rehabilitation claim of this case) is no longer effective.

3. Conclusion

Therefore, the Plaintiff’s lawsuit of demurrer against the Defendants is unlawful and dismissed, and it is so decided as per Disposition.