In civil litigation, there is no capacity to be a party to become a party

The plaintiff's lawsuit is illegal as it is filed against a person who has no capacity to be a party in a civil lawsuit, since it has no capacity to be a party.

Protection of a certain amount of the security deposit under Article 8 of the Housing Lease Protection Act

2019 Ghana 4215 Demurrer

AA

BB Head of the Tax Office and 2

June 11, 2019

July 2, 2019

1. The plaintiff's action against the defendant BB Tax Office shall be dismissed.

2. The Plaintiff’s claim against DefendantCC and Defendant DDD shall be dismissed, respectively.

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

Cheong-gu Office

Of the distribution schedule prepared on April 18, 2019, with respect to the auction of the real estate rent of ○○○○○○○○○○○ in Changwon District Court, the dividend amount of 560,198 won to DefendantCC is 397,957, and 550,132 won to Defendant BB tax secretary, the dividend amount of 390,806 won to Defendant ADD settlement bank, and the dividend amount of 50,682,639 won to Defendant DD settlement bank is 36,04,206 won, and the dividend amount of the Plaintiff is 15,000,000 won, respectively.

1. Determination as to the legitimacy of the lawsuit against Defendant BB Tax Office

The plaintiff's ex officio examines the legality of the lawsuit against the defendant BB tax office.

BB Tax officials have no capacity to become a party in civil procedure.

Therefore, the plaintiff's lawsuit against the defendant BB is unlawful because it is filed against a person who has no party to the lawsuit.

2. Determination as to the claim against DefendantCC and Defendant DDD Agreement Co., Ltd.

(a) Facts of recognition;

1) The instant auction procedure

A) On January 27, 2014, Defendant DDR Co., Ltd. completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “registration of establishment of a neighboring mortgage”) with respect to ○○○○○○○○○, ○○○○, ○○, ○○, ○○, ○○○ (hereinafter referred to as the “instant housing”) on the registration of establishment of a mortgage consisting of 122,200,000.

B) Defendant DDR Co., Ltd. shall, upon the registration of the establishment of the instant mortgage, substitute the instant house in accordance with the registration of the establishment

On July 12, 2018, the BB District Court ○○○○○○○○○○○○○○○○○○○○○○○○ (hereinafter referred to as “instant auction procedure”).

C) On the other hand, on August 15, 2015, the Plaintiff’s objection between ○○, the owner of the instant house, and ○○○.

A lease contract was concluded to lease the instant house with a fixed term of KRW 15 million and KRW 5 million (hereinafter referred to as the “instant lease contract”).

However, the plaintiff resided in the housing of this case after the lease contract of this case.

On July 16, 2018, after the decision to commence the auction procedure in this case, a move-in report for resident registration was completed at the address of the housing in this case.

D) On October 2, 2018, the Plaintiff leased the instant housing in the instant auction procedure as above.

The report on the right to the lease deposit and the request for distribution were filed by asserting that he/she had resided therein.

2) Preparation of a distribution schedule and filing of a lawsuit of demurrer against distribution

A) At the instant auction procedure, the executing court shall distribute the amount actually distributed on April 18, 2019 on the date of distribution.

For the amount of KRW 84,724,963, the distribution schedule was prepared with the following contents (hereinafter referred to as the “instant distribution schedule”):

1 Order: ○○ City - 826,250 won

2 Order: DefendantCC - Public imposts 560,198

2 Order : BBL - Taxes (non-tax) - 32,105,690 won

2 Order 2: BBL - Taxes (non-tax) - 550,132

2: Defendant DDD Co., Ltd. - Collective security holders - 50,682,693 won

B) The Plaintiff appears on the date of the above distribution and distributed dividends to DefendantCC.

162,241 won, and 14,678,433 won, out of the dividends to Defendant DDR holders, have raised an objection, and filed the instant lawsuit on April 25, 2019.

Facts without any dispute, Gap's 1 through 8, Eul's 1, 2, Eul's 1, 2, and 3, and the purport of the whole pleadings.

B. The plaintiff's assertion

From August 15, 2015 to March 2019, the Plaintiff entered into the instant lease agreement.

It is unreasonable to exclude the Plaintiff from the dividend in the auction procedure of this case, even though the Plaintiff is a small lessee under the Housing Lease Protection Act.

Therefore, the distribution schedule of this case allows the Plaintiff to distribute to the Plaintiff KRW 15,000,000 as rental deposit.

must be corrected by the court.

C. Determination

Article 8 of the Housing Lease Protection Act also applies to a small lessee before filing a request for auction of a house.

When the transfer of housing and resident registration are completed, certain amount of the lease deposit shall be paid in preference to other secured right holders.

However, on July 12, 2018, the entry registration of the decision to commence an auction of real estate was completed. The Plaintiff completed the move-in report of resident registration with the instant house located on July 16, 2018. As such, the Plaintiff did not recognize the priority repayment right of small-sum lessee as prescribed in Article 8 of the Housing Lease Protection Act.

Therefore, the plaintiff's claim against defendantCC and defendant DDD Co., Ltd. is justified.

shall not be effective.

4. Conclusion

If so, the plaintiff's lawsuit against the defendant BB Tax secretary is filed, and the defendantCC and the defendant

The claim against DDDD Co., Ltd. shall be dismissed, and it is so decided as per Disposition.