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(영문) 서울중앙지방법원 2015.12.18 2014가합594784
채권조사확정재판에 대한 이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 28, 2013, the rehabilitation debtor A filed an application for rehabilitation with the Seoul Central District Court 2013dan23, and the said court appointed the defendant as the custodian upon rendering a decision to commence rehabilitation on February 13, 2013.

(hereinafter the above rehabilitation case is referred to as “instant rehabilitation procedure”). B.

In the rehabilitation procedure of this case, the Defendant denied the Plaintiff’s rehabilitation security right on the grounds that the amount exceeds the value of the security and recognized as the rehabilitation claim, and the Plaintiff applied for a final inspection judgment on April 23, 2013 with the purport of the application as “reassessment of the value of the appraisal submitted by the administrator” under the Seoul Central District Court Decision 2013Ma1022.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, the purport of the whole pleadings

2. As to the instant case where the Plaintiff filed a lawsuit of objection against the final claim inspection judgment (hereinafter “final claim inspection judgment of this case”) No. 2013, Nov. 19, 2014, the Seoul Central District Court (hereinafter “instant final claim inspection judgment”), and sought the revocation thereof and the confirmation of the Plaintiff’s rehabilitation security right against the Defendant, the Defendant cannot raise an objection against the final claim inspection judgment of this case, as long as the final and conclusive decision to recommend the settlement is confirmed to withdraw the Plaintiff’s application in the final and conclusive judgment on the rehabilitation claim of this case, and the final and conclusive decision to recommend settlement is final and conclusive, and thus, the instant lawsuit is unlawful

According to the Debtor Rehabilitation and Bankruptcy Act, when any objection is raised with respect to rehabilitation security rights entered in the list of rehabilitation secured creditors or reported, all objectors may file an application with the court for the final claim inspection judgment (Article 170(1)), with all objectors as other parties (Article 170(1)), and any person dissatisfied with such judgment may file a lawsuit of demurrer with

(Article 171(1). In full view of the purport of the entire pleadings, the Seoul Central District Court shall have jurisdiction over the plaintiff and the defendant, taking into account the descriptions of Gap evidence 1, 2, 3, and Gap evidence 4-1, 4-2.

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