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TITLE Supreme Court Decision 2022Da285288 Decided February 23, 2023 【Demurrer Against Distribution】 [full Text]
Summary
【Main Issue and Holding】 Where a debtor or an owner filed a lawsuit of demurrer against the distribution, whether the object of the lawsuit is limited to the existence, scope, and order of a right of a creditor, who is the Defendant, to receive a distribution in an auction procedure (affirmative), and where a third party succeeded to a right to receive a distribution from a debtor or an owner, whether such case corresponds to where a third party succeeded to the whole or part of the right or obligation, which is the object of a lawsuit, while a lawsuit of demurrer against the distribution is pending before the court (negative)
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