배당기일로부터 7일이 경과하여 제기한 배당이의의 소는 부적법함[각하]
Lawsuit of demurrer against distribution filed seven days after the date of distribution is illegal.
A creditor who has raised an objection on the date of distribution shall file a lawsuit of demurrer against the other party creditor, whose amount of distribution has been reduced by his/her objection to the distribution, within seven days from the date of distribution. The lawsuit of this case brought by the plaintiff after seven days from the date of distribution was made, and is illegal and unreasonable.
Article 151 of the Civil Execution Act; Article 154 of the Civil Execution Act
2012 Single 29980 Demurrer against the distribution
The two AA
Korea
June 26, 2012
July 10, 2012
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Pursuant to the distribution schedule prepared by the above court on March 28, 2012, the amount of dividends to the defendant shall be KRW 000,000, and the amount of dividends to the plaintiff shall be corrected to KRW 000,000, respectively, from among the distribution schedule prepared by the above court on March 28, 2012.
1. Determination as to the legitimacy of the instant lawsuit
According to Article 151(3) of the Civil Execution Act, a creditor who has appeared on the date of distribution may raise an objection against other creditors against his/her claims or the order of such claims within the scope relating to his/her interests. According to Article 154(1) of the same Act, a creditor who has raised an objection against other creditors shall file a lawsuit of demurrer against distribution. According to Article 154(3) of the same Act, if a creditor who has raised an objection files a lawsuit of demurrer against a court of execution within one week from the date of distribution to the date of distribution fails to submit a document attesting the fact that the creditor has filed a lawsuit of demurrer against the court of execution, the creditor who has raised an objection on the date of distribution shall file a lawsuit of demurrer against the other creditor within seven days from the date of distribution. The creditor who has raised an objection on the date of distribution shall file a lawsuit of demurrer against the other creditor who has raised an objection to distribution within seven days from the date of distribution. According to the records of this case, the lawsuit of this case was clearly filed on March 28, 2011>
2. Conclusion
Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.