배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that the Plaintiff has a claim against C for mushroom cultivation, and that “C shall pay 4,500,000 won to the Plaintiff not later than November 30, 2006, and if delay, it shall pay 20% interest per annum from the following day to the day of full payment.” The Plaintiff’s assertion that “C shall pay 4,50,000 won to the Plaintiff by adding the interest rate of 20% per annum from the following day to the day of full payment.”
The Plaintiff recovered KRW 1,514,743 through the seizure of movable property, and additionally seized KRW 2015,544 on June 18, 2015.
The defendant asserted that a notary public has a claim of KRW 90,000,000 against C by the No. 180 of the certificate of the General Law Office for Loan for Money, No. 180 of 2007, and that a notary public has a claim of KRW 90,000 and damages for delay therefor, and seized the property
In the office of the original state support enforcement officer of Chuncheon District Court, the amount to be distributed to the Plaintiff on August 25, 2015, 23,796,641, which is the date of consultation on distribution of the said double seized movables, was distributed to the Plaintiff KRW 1,703,396, which is the date of consultation on distribution, and prepared a dividend statement to distribute KRW 22,093,245 to the Defendant.
However, the defendant's false claim against C does not have a claim against C.
Therefore, the dividend amount of KRW 1,703,396 against the plaintiff in the dividend statement of the above execution officer's office of KRW 12,365,753 (the fact that the plaintiff's claim is fully distributed) and the dividend amount of KRW 22,093,245 against the defendant should be corrected to KRW 11,430,888.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
A lawsuit of demurrer against distribution is filed by a creditor, etc. who has appeared on the date of distribution and stated an objection against the distribution schedule, who seeks the alteration of the distribution schedule prepared by the distribution court with the opposing party as the defendant, and against the distribution schedule by attending it on the date of distribution.