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(영문) 의정부지방법원 고양지원 2021.01.15 2019가단84594
관리비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The instant lawsuit is deemed lawful ex officio by determining the legality of the lawsuit.

A. According to the relevant legal principles and Articles 603(1)1, 603(1)3, and 603(3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where a creditor listed in the list of individual rehabilitation creditors fails to file an application for a final and conclusive judgment on the investigation of individual rehabilitation claims within the period of objection after the commencement of individual rehabilitation procedures, the claim is confirmed as stated in the list of individual rehabilitation creditors, and where the confirmed individual rehabilitation claims are recorded in the list of individual rehabilitation creditors, such entry has the same effect as a final and conclusive judgment on all individual rehabilitation creditors, and thus, there is no benefit to file a lawsuit seeking performance as to individual rehabilitation claims listed in the list of individual rehabilitation creditors, and it is reasonable to view that there is no benefit to file a lawsuit seeking a final and conclusive judgment on individual rehabilitation claims after such determination

B. The facts of recognition are acknowledged as follows: (a) the Defendant filed a suit for performance of a claim seeking confirmation to the effect that on February 11, 2020, the Defendant filed an application for individual rehabilitation with his/her own District Court 23249, and received a decision to commence the individual rehabilitation procedure from the above court (hereinafter “instant rehabilitation procedure”); (b) the Defendant stated a claim seeking confirmation as to the Plaintiff’s claim on the list of individual creditors submitted in the above individual rehabilitation procedure; (c) the Plaintiff did not file a final and conclusive judgment of individual rehabilitation claim investigation within the objection period; and (d) the Plaintiff filed a suit for performance of a claim seeking confirmation to the effect that the claim was filed on October 12, 2020, but filed a lawsuit seeking confirmation to change the claim to the lawsuit for confirmation of the claim and subsequently filed an application for change of the purpose of demanding for performance of KRW 9,912,3

(c)

According to the facts of recognition of legality of the rehabilitation claim claim, the rehabilitation claim in this case is subject to.

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