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(영문) 수원지방법원성남지원 2019.09.27 2019가단9209

배당이의

Text

1. The instant lawsuit was concluded on August 30, 2019 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of demurrer against the distribution (Article 158 of the Civil Execution Act), the lawsuit shall be deemed to have been withdrawn (Article 158 of the Civil Execution Act), and since the fact that the Plaintiff was not present on the first date for pleading opened on August 30, 2019, even after being notified of the legitimate date for pleading by the court as to the instant case, is apparent in the record, the Plaintiff is deemed to have withdrawn

On the other hand, even if the court has set a continuing date by passing it, the effect of the deeming deeming it is not extinguished, and where it is found that the lawsuit has been excessive despite the completion of the lawsuit and that the trial has been continuing, the court shall ex officio render a declaration of termination of the lawsuit (see Supreme Court Decision 2010Da103048, Apr. 28, 201), and it is so decided as per Disposition.