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(영문) 창원지방법원 2019.07.02 2019가단4215
배당이의
Text

1. The plaintiff's lawsuit against the defendant Changwon is dismissed.

2. The plaintiff, the National Health Insurance Corporation, and the defendant.

Reasons

1. We examine the legality of the Plaintiff’s lawsuit against the Defendant’s creative work book ex officio in determining the legitimacy of the lawsuit against the Defendant’s creative work book.

The Changwon shall not have the ability to become a party in civil litigation.

Therefore, the plaintiff's lawsuit against the defendant Changwon is unlawful because it is filed against a person who is not a party to the lawsuit.

2. Determination as to the claim against Defendant National Health Insurance Corporation and Defendant B credit rating companies

A. 1) The instant auction procedure A) Defendant B completed the registration of the establishment of a mortgage in the vicinity of the debtor G and the maximum debt amount, 122,200,000, with respect to the Kim Sea-si E and F (hereinafter “instant housing”) on January 27, 2014.

(B) Upon the registration of the establishment of the instant neighboring mortgage, Defendant B Co., Ltd. filed an application for the auction of real estate for the instant housing upon the registration of the establishment of the instant neighboring mortgage, and on July 12, 2018, the Changwon District Court D decided to commence the auction of real estate (hereinafter “instant auction procedure”).

(C) Meanwhile, on August 15, 2015, the Plaintiff entered into a lease agreement with G, the owner of the instant housing, setting the lease deposit of KRW 15 million and the lease deposit for the instant housing as five years.

(2) On October 2, 2018, the Plaintiff filed a report on the right to lease deposit and a request for distribution, alleging that the instant house had been leased and resided in the instant auction procedure on October 2, 2018. (2) At the instant auction procedure, the enforcement court filed a lawsuit of demurrer against distribution on April 18, 2019, against KRW 84,724,963, the amount to be actually distributed as of the date of distribution on April 18, 2019.

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