배당이의
1. The instant lawsuit was concluded on December 14, 2018 as the withdrawal of the lawsuit.
2. The costs of lawsuit after the completion of the lawsuit are individually considered.
If a person who has raised an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act), the lawsuit shall be deemed to have been withdrawn. On the other hand, if it is found that the lawsuit has been excessive and that the trial has been continued, the court shall ex officio
(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). The fact that the Plaintiff did not appear on the first date for pleading opened on December 14, 2018, even after being notified by the court of legitimate date for pleading of the instant case, is apparent in the record.
Therefore, the instant lawsuit is deemed to have been withdrawn by the Plaintiff on December 14, 2018, and even if the court has set a continuing date by passing it over, the effect of the deeming lawsuit is not extinguished.
Therefore, in order to clarify the termination of the lawsuit in this case, it is so decided as per Disposition by the declaration of the termination of the lawsuit.