배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.
(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the purport of the claim, and failing to exhaust all necessary deliberations, it is so decided as per Disposition by the assent of all participating Justices, except for a dissenting opinion of all participating Justices, except for a dissenting opinion of all participating Justices, except for a dissenting opinion of all participating Justices, except for a dissenting opinion of all participating Justices 1, 154(1), and 154(2).
Therefore, the Plaintiff, a debtor of the distribution procedure of this case, raises an objection to the distribution against the Defendant, who is a creditor with an executory exemplification of executive title, and thus, files a lawsuit of demurrer against the Defendant, but the Plaintiff filed a lawsuit of demurrer against the distribution, and thus, the Plaintiff’s lawsuit against the Defendant is unlawful.
(see, e.g., Supreme Court Decisions 2004Da72464, Apr. 14, 2005; 2010Da70018, Jul. 28, 2011). Therefore, the instant lawsuit is dismissed, and is so decided as per Disposition.