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(영문) 춘천지방법원영월지원 2015.09.24 2015가합214

배당이의

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 18, 201, the Defendant received a decision on provisional seizure of each real estate under the Incheon District Court Decision 201Kahap741 on May 29, 2012 with respect to the real estate stated in paragraph (2) of the attached list No. D owned list No. 2, as the Youngcheon District Court (201Kahap33, May 18, 201) and as to the real estate stated in paragraph (1) of

B. The Plaintiff filed a lawsuit against D with the lower court seeking payment of the collection amount under the Youngcheon District Court’s Young Branch 2012Gahap404. On October 11, 2012, the said court rendered a favorable judgment against the Plaintiff: “D shall pay to the Plaintiff the amount of KRW 155,00,000 per annum from March 28, 201 to May 21, 2012, 5% per annum, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive.

C. On April 30, 2015, the Plaintiff filed an application for compulsory auction of the instant real estate to the Youngcheon District Court Young-gu Branch C with a title to execute the said final judgment, and the said court prepared a distribution schedule by allocating KRW 47,845,141 to the Plaintiff and KRW 131,270,494 to the Defendant, who is the person entitled to provisional seizure, respectively, on April 30, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 5, and 7, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's assertion asserts that since the decision of provisional attachment against D does not exist in the right to be preserved, the distribution schedule prepared to distribute dividends to the defendant should be corrected, and the provisional attachment decision should also be revoked.

B. We examine ex officio the legality of the instant lawsuit.

First, a lawsuit of demurrer against distribution, which seeks rectification of a distribution schedule, shall be filed within one week from the date of distribution on which an objection was filed (Article 154(3) of the Civil Execution Act). The Plaintiff’s lawsuit of demurrer against distribution is clearly recorded as of April 30, 2015 that one share was filed on May 8, 2015, which was the date of distribution, from April 30, 2015. Thus, the instant lawsuit is among the instant lawsuit.