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(영문) 의정부지방법원고양지원 2015.07.03 2014가합3184

배당이의

Text

1. The instant lawsuit was concluded on October 14, 2014 as the withdrawal of the lawsuit.

2. After the withdrawal of the instant lawsuit, the order was rendered.

Reasons

We examine ex officio the termination of the instant lawsuit.

A lawsuit shall be deemed to have been withdrawn when a person who raised an objection against a distribution schedule fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act). At the auction procedure stated in the purport of the claim, a court of execution prepared a distribution schedule to the effect that only dividends are distributed to the Defendants, and the Plaintiffs excluded from such distribution raised an objection against each distribution portion of the Defendants, and filed a lawsuit of demurrer against the Defendants in the instant lawsuit against the Defendants. While the Plaintiffs and their legal representatives received a legitimate notice of date from the court in the instant lawsuit, the facts that the Plaintiffs and their legal representatives did not appear on the first date for pleading opened at the court No. 502 of this Court No. 502, Oct. 14, 2014, are apparent in the record. Accordingly, the instant lawsuit was withdrawn on October 14, 2014, which first date for pleading

Therefore, this Court decides as per Disposition by deciding to make a declaration of termination of lawsuit in order to clarify the termination of lawsuit of this case by the plaintiffs.