배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the additional argument
A. The Plaintiff’s additional assertion 1) As the Defendant, in the case related to the instant lawsuit No. 1, issued a false statement of claim by forging or altering the claim statement, submitted false data, did not notify the duty of disclosure under the good faith principle, applied for an explanation of property by using a notarial deed already repaid, or committed a tort for which double claim was filed by deceiving the court in favor of excessive amount by deceiving the obligee and the obligor’s status mixed, etc., the cause of the instant payment order exists legally. 2) The Defendant transferred the loan claim against the Plaintiff to G during the instant lawsuit No. 1 against the Plaintiff constitutes a tort of a litigation trust.
3) Since res judicata is recognized on the instant payment order, the Plaintiff has the right to receive dividends in the instant distribution procedure based on the above payment order. 4) Since the Defendant did not demand dividends in the instant distribution procedure or raise an objection to the Plaintiff’s dividends, there is no right to receive dividends.
B. Determination 1) There is no evidence to prove that the Plaintiff committed the tort as alleged in the above A. 1.
Therefore, this part of the plaintiff's assertion is without merit.
2) As asserted by the Plaintiff in the above A. 2, there is no evidence to prove that the Defendant transferred the claim for the loan against the Plaintiff to G during the first lawsuit of this case against the Plaintiff.
Therefore, the plaintiff's assertion on this part is without merit.
3 An order of payment is issued in a suit of objection raised for the purpose of excluding executive force against the order of payment because res judicata is not recognized.