배당이의의 소
1. Each lawsuit of this case shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiffs asserted as creditors against J and the defendant revoked the sales contract concluded between J and the defendant as to real estate subject to auction stipulated in the purport of the claim, and the above judgment became final and conclusive upon the judgment of J to comply with the procedure for cancellation of ownership transfer registration.
However, it is impossible to return originals due to the cancellation of fraudulent act because an auction was conducted prior to the implementation of the registration procedure for cancellation, as stated in the purport of the claim, and the defendant received dividends of KRW 175,514,236 as the owner of the surplus.
Therefore, the Plaintiffs may file a lawsuit of demurrer against distribution on their own or by subrogation of the J.
2. A person holding standing to sue of a lawsuit of demurrer against distribution shall appear on the date of distribution and raise an objection as to the distribution schedule, and in order for a creditor to be present on the date of distribution and make an objection as to the substantive objection as to the distribution schedule, he/she should have lawfully made a demand for distribution by the deadline for filing the demand for distribution under substantive Acts. The creditor who did not lawfully make a demand for distribution does not have the right to make an objection as to the distribution schedule by the deadline for filing the demand for distribution, and even if such person appeared on the date of distribution and raised an objection as to the distribution schedule, even if he/she did not have the right to make an objection as to the distribution schedule, it is unlawful objection, and there is no standing to institute a lawsuit
(see, e.g., Supreme Court Decisions 2001Da63155, Sept. 4, 2002; 2003Da27696, Aug. 22, 2003). However, there is no dispute between the parties regarding the fact that the facts alleged by the Plaintiffs or the Plaintiffs as subrogation did not lawfully demand a distribution by the deadline for the completion of the demand for distribution, and thus, even if they applied for an objection against the distribution schedule by attending the distribution date and raising an objection against the distribution schedule, they do not have standing to sue to file a lawsuit of demurrer against distribution merely because they are illegal objections.