배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.
(2) In the process of distributing the purport of the claim, the Plaintiff is an obligor for the procedure for distributing dividends as stated in the purport of the claim, and the fact that the Defendant (Appointed Party) and the designated parties are creditors who have an executory title (decision 2015, 157, 158, 159, 375 of the Jeonju District Court Decision 201, 256, 154(1) and (2) of the Civil Execution Act is either a dispute between the parties or a dispute between the parties, and the purport of the entire pleadings as a whole.
Thus, the plaintiff, who is the debtor of the above distribution procedure, has an objection to the distribution of dividends to the defendant (appointed party) and the designated parties, who are creditors with an executory exemplification of executive titles. Thus, although the plaintiff filed a lawsuit of demurrer against the defendant (Appointed party) and the designated parties, the lawsuit of demurrer against the distribution of this case is unlawful since the plaintiff filed a lawsuit of demurrer against the distribution of this case.
(see, e.g., Supreme Court Decisions 2004Da72464, Apr. 14, 2005; 2010Da70018, Jul. 28, 2011). Therefore, the instant lawsuit is dismissed, and is so decided as per Disposition.