배당이의
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On September 13, 2017, the Daejeon District Court of Daejeon: (a) distributed KRW 225,09,937 to D (person entitled to provisional seizure) out of KRW 258,819,356, which shall be distributed on November 28, 2017; and (b) distributed KRW 33,719,419 to the Plaintiff (person entitled to collection), the amount to be distributed to the Plaintiff on October 29, 2019; and (c) additionally distributed dividends on October 29, 2019, KRW 149,615,142, which shall be distributed to the Plaintiff (person entitled to collection) and KRW 136,549.
B. The Plaintiff appeared on the additional date of distribution, and thereafter raised an objection against the Defendant on the ground that the seized claim should be distributed due to the attachment and collection order against the Defendant.
[Ground] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3, the result of the commission of document delivery to the Daejeon District Court (Civil Execution Department), the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. In order for a creditor to be present on the date of distribution and raise an objection against the substantive nature of the distribution schedule, the creditor against the executor under substantive law is insufficient only by the fact that he is the creditor against the executory debtor, and should have lawfully demanded a distribution by not later than the completion period to demand a distribution as prescribed by the Civil Execution Act. The creditor who was lawfully unable to demand a distribution does not have the right to attend on the date of distribution and make
Even if such creditors appeared on the date of distribution and raised an objection against the distribution schedule, they are unlawful filing of objection, and there is no standing to sue to file a lawsuit of demurrer against distribution against the creditor.
B. (See Supreme Court Decision 2003Da27696 delivered on August 22, 2003).
Article 247 (1) 1 of the Civil Execution Act shall apply to creditors who have an executory exemplification in cases where a third-party debtor deposits his/her obligation in a compulsory execution procedure for claims and the distribution procedure has commenced.