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(영문) 의정부지방법원고양지원 2016.06.24 2015가단22109

배당이의

Text

1. All of the plaintiff's lawsuits of this case are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 1 and Eul evidence Nos. 1, the defendant asserted that he/she is the plaintiff's creditor, and the defendant as the third debtor, and received a ruling of provisional seizure against collateral security rights claims by 2013Kadan50543 among the third debtor. ② The amount of dividends of KRW 56,100,000 among the third debtor was deposited with KRW 56,10,00 (Korean Government High Court High Court High Court High Court High Court High Court High Court High Court Decision 296), the distribution schedule was prepared on July 23, 2015, including the contents of dividends of KRW 37,381,378 among the third debtor, and the contents of the distribution schedule was established on the distribution schedule prepared by the defendant's 37,545,000 won among the third debtor's claims, and each of the above distribution schedule No. 37145,547.

However, Article 154 of the Civil Execution Act provides, “A debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles (excluding a person entitled to provisional seizure) shall file a lawsuit of demurrer against distribution.” Since it clearly states that a creditor of a lawsuit of demurrer against distribution is excluded from provisional seizure among those who have the standing to file a lawsuit of demurrer against distribution filed by a debtor, the dividends regarding a creditor of provisional seizure are handled in accordance with Articles 160 and 161 of the Civil Execution Act.