배당이의
1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this part of the reasoning is as follows: (a) the court shall accept the “wholly distributed amount to the Defendant” under Section 12 of Section 5 of the judgment of the court of first instance as “wholly distributed amount to the Defendant” in the same part of the reasoning of the judgment of the court of first instance, except where “362,00,000 out of the distributed amount to the Defendant” is as stated in the relevant part of the reasoning
2. The Plaintiff’s summary of the Plaintiff’s assertion was fully paid KRW 362,00,000 among G dividends in accordance with the instant attachment and assignment order. As such, the Plaintiff is entitled to receive KRW 362,00,000 in the instant dividend procedure.
In addition, the provisional attachment decision of this case is null and void because there is no claim for return of unjust enrichment against D as the preserved right, or prior to the provisional attachment decision of this case, the claim of G ceases to exist due to the execution deposit of G dividends with the Incheon District Court No. 3002 in 2015, and G only has a claim for payment of deposit money against the above execution deposit. Thus, the provisional attachment decision of this case with the seized claim as the dividend claim of G is null and void since it is the object of G's dividend claim without existence.
Therefore, based on the decision of provisional seizure of this case null and void, the distribution schedule of this case, which was prepared to distribute 411,11,936 won to the defendant, is unlawful.
The plaintiff is seeking to correct the distribution schedule amounting to KRW 362,00,000, which is the share of the plaintiff among them.
3. Determination
A. A lawsuit of demurrer against distribution is sought for the modification of a distribution schedule or the preparation of a new distribution schedule in order to reduce the dividend amount of a person entered as a dividend on the distribution schedule so that it can be distributed to him/her. Thus, the plaintiff is not sufficient to prove that the plaintiff did not have the defendant's claim in order to win the lawsuit of demurrer against distribution, and it is proved that the plaintiff himself/herself has the right to receive a dividend of the amount distributed to the defendant. The defendant did not raise an objection against the plaintiff on the
Even the plaintiff's claim.