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(영문) 춘천지방법원원주지원 2015.09.22 2015가단2736

배당이의

Text

1. The instant lawsuit was concluded on August 25, 2015 as deemed to have been withdrawn.

2. After filing an application for designation of the date on September 10, 2015.

Reasons

If a person who has raised an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act), the lawsuit shall be deemed to have been withdrawn (Article 158 of the Civil Execution Act); and if it is found that the lawsuit has been excessive and that the trial has

(2) According to the records, the Plaintiff was not present on the first date of pleading opened on August 25, 2015, even when the Plaintiff served a notice of the first date of pleading on August 20, 2015, and was not present on the first date of pleading opened on August 25, 2015; the Defendants and the legal representatives present on the first date of pleading did not present on the instant case; and the court designated the second date of pleading as 10:20 on September 8, 2015; thereafter, the court designated the second date of pleading as 10:20 on September 7, 2015; thereafter, the Plaintiff subsequently designated the second date of pleading on September 7, 2015; and the Plaintiff applied for designation as the date of pleading on September 10, 2015.

According to the above facts, the instant lawsuit was deemed to have been withdrawn on August 25, 2015 due to the Plaintiff’s failure to appear on the first date for pleading, and was terminated on August 25, 2015, and even if the date for the second pleading was designated on the first date for pleading, this may not affect

Therefore, it is decided as per Disposition by declaring the termination of the lawsuit in this case.