배당이의
1. All lawsuits against Defendant Btel owners’ self-government associations, and Seoul Guarantee Insurance Co., Ltd. shall be dismissed;
2.
1. Basic facts
A. Each real estate listed in the separate sheet was owned by D, the original son of the Plaintiff. As D died on October 19, 2010, the Plaintiff inherited on June 1, 2012.
B. On August 21, 2013, Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) filed an application for compulsory auction of each of the above real estate with this court as C (hereinafter “instant auction procedure”). On August 22, 2014, this court set up a distribution schedule in Seoul Special Self-Governing Province in the order of priority of KRW 179,950,470 to small lessee E, with the first priority of KRW 10,118,180, and KRW 30,180, and KRW 30,426,698, and KRW 3,246,090 with respect to each of the above real estate (hereinafter “Defendant Self-Governing Province”), with the first priority of KRW 179,90,470 to be actually distributed on August 22, 2014.
C. On August 22, 2014, the Plaintiff appeared on the aforementioned date of distribution and raised an objection against the total amount of dividends to the Defendants.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and 32, and the purport of the whole pleadings
2. The legality of lawsuits against the defendant's self-governing council or Seoul Guarantee Insurance
A. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure in the relevant legal principles, the debtor who has raised an objection against the creditor who does not have an executory exemplification shall file a lawsuit of demurrer against the distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification shall file a lawsuit of objection against the claim (Articles 256 and 154(1) and (2) of the Civil Execution Act). As such, the filing of a lawsuit of demurrer against the distribution, not an action of demurrer against the creditor who has an executory exemplification,
B. (See Supreme Court Decision 2004Da72464 delivered on April 14, 2005).
Defendant.