배당이의의 청구의 소
1. The instant lawsuit was mainly concluded on November 10, 2020 following the filing of the instant lawsuit.
2. The costs of lawsuit after the completion of the lawsuit are individually considered.
If a person who has raised an objection to a distribution fails to appear on the date of the first pleading in a lawsuit raising an objection to the distribution, the lawsuit shall be deemed to have been withdrawn (Article 158 of the Civil Execution Act), and if it is found that the lawsuit has been excessive and that the trial has been continuing, the court shall ex officio declare the termination of the lawsuit (see Supreme Court Decision 2010Da103048, Apr. 28, 201). In this case, even if the Plaintiff was notified of the legitimate date of pleading by this court, the fact that the Plaintiff failed to appear on the date of the first pleading held on November 14:45, 2020, is obvious in the record, so the lawsuit in this case shall be deemed to have been withdrawn by the Plaintiff on November 10, 202, and the court has set the date of continuation with it.
The effects of such deemed action shall not be extinguished.
Therefore, the court declares the termination of the lawsuit in order to clarify the termination of the lawsuit in this case.