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(영문) 대구지방법원서부지원 2020.10.21 2020가단5574

배당이의

Text

1. The instant lawsuit was concluded on September 23, 2020 as the withdrawal of the lawsuit.

2. The costs of lawsuit after the completion of the lawsuit are individually considered.

Reasons

If a person who has raised an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against the distribution, the court shall ex officio make a declaration of termination of the lawsuit, if it is found that the lawsuit has been withdrawn (Article 158 of the Civil Execution Act), and if it is found that the lawsuit has

(See Supreme Court Decision 2010Da103048 Decided April 28, 201). In this case, the facts that the Plaintiff did not appear on the first date for pleading held on September 23, 2020, even though the Plaintiff was notified of the legitimate date for pleading by this court, are clearly recorded. Thus, the instant lawsuit is deemed to have been withdrawn by the Plaintiff on September 23, 2020, and even if the court had set the date for pleading by passing it, the effect of the deeming lawsuit is not extinguished.

Therefore, the court declares the termination of the lawsuit in order to clarify the termination of the lawsuit in this case.