배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
A. On June 29, 2017, on the date of distribution implemented on June 29, 2017, the above court prepared a distribution schedule that the Defendant A, B, C, D, and NAS Specialized Asset Securitization Co., Ltd., and K, who are creditors, share the same as the following:
C. Defendant A 46,281,749 2, Defendant B 2,385,7964 10,736,0824 778,797,32,736,0824 778,797,05,385,794 109,575,8775, 87775 Defendant D D 22,385, 796 4 109,575, 8775, Defendant Neas Asset Securitization 423,218,150 6 412,214,511
B. On the above distribution date, the Plaintiff, the owner of the real estate at auction and the debtor, filed a lawsuit of demurrer against the distribution of this case against the total amount of dividends of Defendant A, B, D, NAS Limited Company and K on the distribution date, and thereafter filed a lawsuit of demurrer against the distribution of this case.
C. Meanwhile, K died on March 4, 2008, and Defendant G, E, and F are their successors. D.
On May 13, 2017, Defendant G sent to the Busan District Court notice that all of the principal and interest on dividends that would be distributed in the instant auction procedure would be transferred to the Intervenor joining the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, Byung evidence Nos. 1 and 2 (including those with serial numbers; hereinafter the same shall apply), and ex officio determination as to the legitimacy of the lawsuit of this case as to whether the whole purport of the pleading is legitimate or not.
A. In cases where a debtor who has raised an objection against a creditor who has an executory exemplification of executive titles with relevant legal principles files a lawsuit of demurrer against distribution, not a lawsuit of demurrer against a claim, it is unlawful as it fails to meet the requirements for lawsuit under Article 154(1) and (2)
(see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). Meanwhile, according to Article 154 of the Civil Execution Act.