In cases where another individual rehabilitation creditor files a lawsuit of demurrer against a final judgment on an individual rehabilitation claim inspection by an application filed by an individual rehabilitation creditor, whether all the debtor and the individual rehabilitation creditor who files an application for such judgment shall be the defendant (affirmative)

In cases where any individual rehabilitation creditor raises an objection to the details of claims of other individual rehabilitation creditors pursuant to Article 604 of the Debtor Rehabilitation and Bankruptcy Act, and the debtor and any other individual rehabilitation creditor are subject to a judgment on the final judgment on the final judgment on the final judgment on the individual rehabilitation claim, and when another individual rehabilitation creditor raises an objection to the final judgment on the final judgment on the individual rehabilitation claim inspection and files a lawsuit of objection to the final judgment on the final judgment on the individual rehabilitation claim inspection pursuant to

Articles 604 and 605 of the Debtor Rehabilitation and Bankruptcy Act

Plaintiff 1 and one other

Defendant (Attorney Lee Sung-soo, Counsel for defendant-appellant)

Seoul High Court Decision 2007Na101877 decided October 23, 2008

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

In case where any individual rehabilitation creditor raises an objection to the details of another individual rehabilitation creditor's claim (hereinafter "claim") pursuant to Article 604 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act"), and in case where an objection is filed against the debtor and any holder of the objection is subject to a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a individual rehabilitation claim, when the holder of the objection is dissatisfied with the final judgment and files a lawsuit of objection against the final judgment on a final judgment on a final judgment on a final judgment on a individual rehabilitation claim pursuant to Article 605 of the

According to the reasoning of the judgment below, the court below acknowledged the following facts: (a) the defendant, who was an individual rehabilitation creditor, in the individual rehabilitation procedure commenced against the non-party, has an objection to each of the claims of the plaintiffs, who are different individual rehabilitation creditors; (b) the debtor and the plaintiffs filed an objection against the final judgment on the final judgment on the individual rehabilitation procedure; and (c) the plaintiffs, who are dissatisfied with the above judgment, filed an objection against the defendant only against the defendant (hereinafter "the lawsuit of objection to this case") against the final judgment on the final judgment on the individual rehabilitation procedure; and (d) the plaintiffs filed the lawsuit of objection against the defendant only without taking the non-party as

In light of the above legal principles, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the standing to file an objection against the final judgment on an individual rehabilitation claim.

2. Regarding ground of appeal No. 2

The court below rejected the plaintiffs' assertion that the objection of this case should be remanded to the court of the first instance so that the non-party may be added to the defendant if the lawsuit for objection of this case is unlawful because it does not meet the standing as a party. In light of the relevant provisions, the court below rejected the plaintiffs' assertion on the ground that the ground as alleged above does not constitute an essential reason for remand under Article 418 of the Civil Procedure Act. In light of the relevant provisions, the court below's

3. Conclusion

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)