배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In order to win in the lawsuit of demurrer against distribution filed by the creditor, it shall be proved that the defendant's claim does not exist, and it shall also be proved that the plaintiff has the right to receive dividends to the defendant.
(See Supreme Court Decision 2010Da42259 Decided July 12, 2012. Regarding the instant case, the health team and the Plaintiff sought a judgment as stated in the purport of the claim. However, the Plaintiff did not present any assertion as to the existence of the Defendant’s claim and the existence of the Plaintiff’s right to receive dividends. As such, the Plaintiff’s claim is dismissed on the grounds that it is without merit. It is so decided as per Disposition.