배당이의
1. Of the instant lawsuit, the part demanding the Plaintiff to rectify the distribution schedule by allocating KRW 45 million to the Plaintiff.
1. The Plaintiff’s preparation of the distribution schedule and the Plaintiff’s objection to the total amount of dividends of the Defendants of the instant distribution schedule (hereinafter “instant distribution schedule”) by attending the distribution date on October 24, 2014, while the Plaintiff, who was the debtor and the owner of the instant shopping mall, appeared on the date of distribution, and raised an objection against the entire amount of dividends of the instant distribution schedule to the Defendant B (F restaurant) of the fixed lessee of the instant shopping mall in the fifth order, as the amount to be actually distributed in the instant case of selling real estate D, which was KRW 1,688,675,23, the amount to be actually distributed in the instant case of selling real estate (hereinafter “instant shopping mall”) and the amount to be distributed to the Defendant C(G) of the fixed lessee of the instant shopping mall in the eighth Order in the eighth Order in the eighth Order in the fourth order. However, in full view of the purport of the above No. 3101, May 13, 2014.
2. The Defendants asserted that, even if the distribution of dividends against the Defendants is revoked, the dividends so revoked shall not be distributed to Nonparty H, the holder of the provisional registration, who was the 10th provisional registration right, but shall not be distributed to the Plaintiff. Thus, the instant lawsuit does not have a benefit of lawsuit.
In a lawsuit of demurrer against distribution filed by a debtor for the whole or a part of a claim is reasonable, the distribution schedule should also be revised for the sake of a creditor who does not raise any objection to the distribution (Article 161(2)2 of the Civil Execution Act). Therefore, it is not necessary to clarify how to deal with the reduced portion from the amount of distribution of the defendant in detail.
Therefore, there is no benefit to the lawsuit that the claim that the plaintiff shall distribute KRW 45 million to the plaintiff among the lawsuit of this case.
However, the claim to reduce the dividend amount of the defendants is the result of changing the distribution schedule for other creditors.