배당이의
1. The instant lawsuit was concluded on March 14, 2019 as deemed the withdrawal of the lawsuit.
2. The costs of lawsuit after the completion of the lawsuit are individually considered.
A lawsuit shall be deemed to have been withdrawn when a person who raised an objection against a distribution schedule fails to appear on the first date for pleading of a lawsuit of demurrer against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). The fact that the Plaintiff was not present on March 14, 2019, the first date for pleading, despite being notified of the legitimate date for pleading, is apparent in the record.
Therefore, the instant lawsuit was concluded on March 14, 2019 as deemed the withdrawal of the lawsuit.
On the other hand, the court must declare the completion of the lawsuit ex officio in case the lawsuit has been proceeded with while the lawsuit has been completed.
(see, e.g., Supreme Court Decision 2010Da103048, Apr. 28, 2011) Therefore, this Court decides to declare the termination of a lawsuit in order to clarify the termination of the lawsuit in this case. It is so decided as per Disposition.