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All of the plaintiff's lawsuits against the defendants are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Determination as to the defendants' defense prior to the merits
A. The Defendants’ assertion as stated in the Defendant’s Answer dated May 1, 2020, summary of the defense prior to the merits, as above.
In the auction procedure of this case, the Plaintiff received all the secured debt as a mortgagee, and the Plaintiff asserted that he is in the position of the owner or co-owner of some of the subject matter of the auction of this case, and did not prove that he has any interest in certain real estate. The Defendants do not fall under the debtor of each right to collateral security under the name of the Defendants, but did not have any interest in each of the dividend amounts against the Defendants. Thus, the Plaintiff did not have standing to sue in a lawsuit
B. Determination 1) Persons holding standing to sue of a lawsuit of demurrer against distribution are limited to the creditors or debtors who appear on the date of distribution and raise an objection against the distribution schedule, and the owners of the objects of auction in an auction to exercise the security right are included in the said debtor. However, if even the genuine owners have not been registered as the owners at the time of the registration of the decision on commencing auction, the interested parties in the auction procedure under Article 90 of the Civil Execution Act (interested parties in the auction procedure) is as follows:
1. An execution creditor and a creditor demanding distribution by an executory exemplification;
2. The debtor and owner;
3. The holder of any right on immovables entered in the register; and
4. A person who is a right holder on real estate and who is not a "owner" under subparagraph 2 of the same Article, but did not make a subsequent registration and did not report his right to the executing court, the "person who proves his/her right as a right holder on real estate" under subparagraph 4 of the same Article is not a "person who proves his/her right
Therefore, even if such person did not have the right to make a statement of objection against the distribution schedule, it is not unlawful, and thus, a lawsuit of demurrer against distribution is filed.