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(영문) 청주지방법원제천지원 2017.09.27 2017가단20513

배당이의

Text

1. On May 9, 2016, a lease contract concluded between the Defendant and B with respect to the building indicated in the attached list is KRW 9,479,400.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. Re-preparation of a distribution schedule;

A. In a case where several creditors file a lawsuit of demurrer against each other and seek to distribute all or part of the dividends to the other party individually, in a case where each of the above lawsuits is consolidated by the same division, it is possible to order the re-preparation of the distribution schedule by specifying the amount of dividends disputed in the main text. However, in a case where each of the above lawsuits is concurrently examined or is tried in another division, it is inappropriate to set the creditors entitled to receive dividends and the amount thereof by judgment, and thus, it is not appropriate to set the distribution schedule again by undergoing other distribution procedures in a judgment.

(Judgment on a lawsuit of demurrer against distribution under Article 157 of the Civil Execution Act (Judgment on a lawsuit of demurrer against distribution) under the latter part of Article 157 of the Civil Execution Act, the creditor entitled to receive dividends and the amount thereof shall be determined in a judgment on the lawsuit of demurrer against distribution. When it is deemed inappropriate to set such a judgment, the court shall make a distribution schedule again and order another distribution procedure to take another distribution procedure in its judgment. See Supreme Court Decision 2015Da201824 Decided April 23, 2015.

On the date of distribution of the auction procedure of this case, the new card company filed an objection against the Defendant by asserting that it is a provisional seizure creditor against the real estate of this case other than the Plaintiff and filed a lawsuit of demurrer against distribution (Cheongju District Court Decision 2017Gadan601) and continuing the lawsuit of demurrer against distribution (Cheongju District Court Decision 2017Gadan601). The fact that the amount the Plaintiff stated the objection against distribution is obvious in this court, and the fact that the amount the Plaintiff stated the objection against distribution is obvious in the record. According to the evidence No. 9, the fact that the new card company stated the objection against distribution constitutes 12,568,334, and each