배당이의
1. Of the instant lawsuits, the part of KRW 16,709,50, expanded in purport of the claim, shall be dismissed.
2. The plaintiff's remaining claims.
1. As to the Defendant’s main defense against the part of KRW 16,709,50, which expanded the purport of the instant claim among the instant lawsuits, the Defendant filed a lawsuit of demurrer against the distribution of KRW 324,93,174 against the Defendant, and sought a correction of the amount of KRW 288,608,174 against the Defendant. On May 13, 2020, the Defendant revised the purport of the instant lawsuit to seek correction of KRW 324,93,174 to KRW 271,89,674 against the Defendant. Since the parts expanded by the amendment of the said purport of the instant lawsuit were raised one week from the date of distribution, the Defendant asserted that the amount of distribution against the Defendant is unlawful, and thus, it is unlawful.
A lawsuit of demurrer against distribution shall be instituted by a person who has appeared on the date of distribution and has raised an objection within one week from the date of distribution.
(Article 154(3) of the Civil Execution Act. Therefore, it is possible to expand a claim to the extent that an objection was raised on the date of distribution before the period for filing the lawsuit expires, but where the purport of the claim has been expanded subsequent to the expiration of the period for filing the lawsuit of demurrer, the extended part is inappropriate as it was raised subsequent to the lapse of
On November 14, 2019, the Plaintiff appeared on the date of distribution on November 14, 2019, and raised an objection against KRW 36,325,00 of the dividend amount of KRW 324,93,174 (= KRW 324,93,174 - 28,608,174) of the dividend amount of KRW 328,608,174). After the Plaintiff filed the instant lawsuit on November 19, 2019, there is no dispute among the original Defendant. The Plaintiff filed a claim to correct the dividend amount of KRW 324,93,174 as the amount to be reduced to KRW 288,608,174, which was to be reduced to KRW 288,608,174, which was to be corrected to the extent that the Plaintiff claimed the correction of the dividend amount of KRW 324,93,174,2781,7986,7867.
Therefore, among the instant lawsuits, the part of KRW 16,709,50, which was expanded as above, has passed one week from November 14, 2019, which was the date of distribution.