[배당이의][하집1991(1),335]
Whether the designated parties who did not receive an execution clause for succession with respect to the original judgment selected by the designated parties constitute a person entitled to demand a distribution under Article 5 of the Act on Special Cases concerning the Settlement of Civil Disputes in the former Summary Procedure
Compulsory execution based on the original copy of the judgment selected by the designated party may be filed in the name of the designated party en bloc, and the designated party shall obtain the succession execution clause in order for the designated party to apply for a direct compulsory execution under his/her name. Thus, the designated party who has not been granted the succession execution clause does not constitute the person entitled to demand a distribution under Article 5 of the former Act on Special Cases concerning the Settlement of Civil Disputes Disputes in Summary Procedure (defluence by Act No. 4204, Jan. 13, 1
Article 5 (Demand for Distribution) of the Act on Special Cases concerning the Settlement of Civil and Private Dispute Cases in the former Simplified Procedures, Articles 49, 481, and 490 of the Civil Procedure Act
Return of early salary;
Prostitution Hoho et al. and 3 others
Gwangju District Court of the first instance (88Gahap4735)
The appeal is dismissed.
The costs of appeal shall be borne by the defendants.
Of the distribution schedule prepared by the above court, the amount of 41,619,700 won against the plaintiff shall be 208,098,500 won, and each amount of 41,619,700 won against the defendants shall be corrected to delete 41,619,70 won from among the distribution schedule prepared by the above court with respect to a compulsory auction of immovables 85ta5846.
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
The plaintiff and the defendants selected the plaintiff as the designated party, and filed a lawsuit for acquisition price claim against the non-party foundation 84 Ma500, Gwangju District Court 842,108,00 won with the above court, and the non-party foundation 50% annual interest rate from January 1, 1983 to July 5, 1984. The appeal against the above judgment was dismissed, and the appeal against the above judgment was dismissed, and the above judgment became final and conclusive. The plaintiff, based on the above final judgment, filed an application for the change of the distribution schedule to the non-party foundation 2 with the court of Gwangju District Court 80,55 Ma630, and filed an application for the change of the distribution schedule to the plaintiff and the non-party foundation 2 with the court of 80,000 won to the plaintiff and the non-party foundation 50,000 won to the above judgment to be attached to the court of 1850,000 won for compulsory auction and the above judgment to be attached to the above court of 18586586.
On the other hand, an application for compulsory execution based on the original copy of the judgment selected by the designated party as the plaintiff may be filed in the name of the designated party, and in addition, in order for the designated party to apply for a direct compulsory execution under the name of the designated party, the succeeded execution clause shall be granted, and the designated party who has not been granted the succeeded execution clause shall not be the person entitled to demand a distribution under Article 5 of the Act on Special Cases concerning the Settlement of Civil Dispute Disputes in the Summary Procedure prior to the amendment. Therefore, the auction court accepted the application for the distribution of this case by the defendants and prepared and distributed a distribution schedule to distribute each of the above amounts to
However, after the judgment of the court below on March 27, 1990, the defendants supplemented the execution clause to be succeeded to the original copy of the above Gwangju District Court 84Gahap500, the above defect was cured. However, the succeeding execution clause was revised later as necessary at the time when the defendants filed a request for the above distribution, and it did not result in its validity retroactively. Thus, the defendant's defense is without merit.
Therefore, since the amount of KRW 41,619,70, each of the above real estate compulsory auction cases shall be distributed to the plaintiff among the distribution schedule prepared by the Gwangju District Court, the amount of KRW 41,619,700 against the plaintiff shall be 208,098,50 (gold KRW 41,619,700 x 5) among the above distribution schedule, and the amount of KRW 41,619,700 against the defendants shall be corrected as all of the amount of dividends against the defendants shall be deleted. Thus, the plaintiff's claim of this case shall be accepted as a reasonable ground, and the judgment of the court below that concluded this shall be justified and dismissed as the defendants' appeal is without merit, and the costs of appeal shall be so decided as per Disposition by the defendants.
Judges Jeong Ho-ro (Presiding Judge)