배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendants, a creditor, filed a lawsuit of demurrer against a distribution with respect to the instant lawsuit of demurrer against distribution, claiming the deletion of the distribution portion by raising an objection to the distribution portion in the distribution schedule prepared in the Seoul Central District Court’s Financial Distribution Procedure, which is the summary of the Defendant’s main safety objection as to the lawfulness of the lawsuit, and thus, the Defendants, the creditor, had the executory title, and thus, deemed the lawsuit of demurrer against distribution unlawful
In case where the debtor raises an objection against the distribution schedule prepared in the relevant legal principles procedures, the debtor who has raised an objection against the creditor who does not have an executory exemplification shall file a lawsuit of demurrer against the distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification of executive titles shall file a lawsuit of demurrer against the claim.
(Article 154(1) and (2) of the Civil Execution Act. Therefore, in a case where a debtor raises an objection against a creditor who has an executory exemplification on the date of distribution, and thereafter files a lawsuit of demurrer against a distribution, not by filing a lawsuit of demurrer against a distribution, the said lawsuit of demurrer against distribution is unlawful.
(see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). The following facts are acknowledged in accordance with the purport of the entire pleadings, either the parties to the dispute or the evidence Nos. 1, 2, and 2-1 through 7.
On August 29, 2005, the No. 1 B 40 million won, a notary public at the place of payment at the place of payment at the date of payment at the par value of the No. 1 B 474 C 1 billion won, which was the date of payment at the place of payment at the face value of the bill No. 1 B 40 million won (Defendant). On April 26, 2005, Seoul General Office of G 398 billion won, Seoul 2C 275 million won, which was the Seoul Special Metropolitan City notary public on March 8, 2006, the amount of KRW 3 C 13 billion, which was the Seoul Special Metropolitan City notary public on March 8, 2006, the amount of KRW 575 billion, the amount of KRW 575 billion, the amount of KRW 75 billion, the amount of KRW 575 billion, which was the Seoul Special Metropolitan City notary public on March 8, 2006.