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(영문) 대구지방법원안동지원 2015.04.16 2014가합625
배당이의
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. On May 10, 2012, the Plaintiff asserted that he/she acquired ownership of the trees worth KRW 3,365 (hereinafter “instant standing timber”) equivalent to KRW 2 billion in the market price planted on the land F, G, and H forests (hereinafter “instant land”).

However, the Daegu District Court rendered a decision to permit sale of the standing timber and land of this case without including the value of the standing timber of this case in the compulsory auction case of the real estate E in the Daegu District Court which started later.

Therefore, in order to prevent the confirmation of the distribution schedule prior to the cancellation of the above decision of permission for sale or the cancellation of the registration of transfer of ownership against the purchaser, the above decision of permission for sale is to delete the distribution amount to the Defendants and to distribute the distribution schedule to the Plaintiff.

2. A person standing to sue in a lawsuit of demurrer against distribution shall be limited to the creditor or debtor who has appeared on the date of distribution on the date of distribution and raised an objection under a substantive nature as to the distribution schedule, and even if the goods owned by a third party are mistaken as owned by the debtor and has been adjudicated as the subject matter of compulsory execution, such third party does not constitute an interested party in the auction procedure, and thus does not have the right to make an objection under the substantive nature as to the distribution schedule. Therefore, even if a third party appeared on the date of distribution and raised an objection against the distribution schedule, even if he/she did not have the right

(See Supreme Court Decision 2001Da63155 Decided September 4, 2002). However, even if the Plaintiff appeared on the date of distribution and raised an objection, the Plaintiff seeks a demurrer against the distribution to block the confirmation of the distribution of the instant standing timber solely prior to seeking revocation of the decision of permission for sale on the ground that the said decision of permission for sale was unlawful on the grounds that the value of the instant standing timber, which is owned by the Plaintiff, was not included in the appraisal.

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