배당이의
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 21, 2015, the court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that, with respect to the case of filing an application for compulsory auction of real estate C in Suwon-gu, Suwon-si, Suwon-si, Suwon-si and the case of filing an application for compulsory auction of real estate (hereinafter “Defendant Company”) with respect to the purchase price of KRW 18,984,00,00, the sale price of KRW 17,763,396, which was calculated by adding interest to the sale price of KRW 18,984,00, and the execution cost was actually distributed to the Defendant Company (hereinafter “Defendant Company”) who is the person having the right to demand a distribution (final judgment), the distribution amount of KRW 6,298,539, and the Defendant Company (a final judgment) who is the applicant creditor (hereinafter “Defendant Company”) to distribute KRW 6,431,617.
B. Accordingly, the Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the Defendants as to the entire amount of distribution, and filed a lawsuit of demurrer against the distribution on August 25, 2015, which was within seven days thereafter.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. On May 15, 2015, prior to the preparation of the instant distribution schedule, the Plaintiff asserted that the amount of dividends against the Defendants, who are rehabilitation creditors, should be deleted and repaid in accordance with the rehabilitation plan. The Defendants asserted that the Defendants are creditors holding executive titles, and that the Defendants filed a lawsuit of demurrer against the execution court within one week from the date of distribution and the authentic copy of the judgment of suspending the execution of the said lawsuit shall be submitted within one week from the date of distribution. However, the Plaintiff filed a lawsuit of demurrer against the instant distribution and filed a lawsuit of demurrer against the execution court.
B. According to each description of Gap's evidence Nos. 3, 4, 7, and Eul's evidence Nos. 2 and 3 (including paper numbers), the plaintiff applied for individual rehabilitation on May 13, 2015 and made a decision on May 15, 2015.