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(영문) 서울중앙지방법원 2017.11.22 2017가단30055

배당이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4 (including each number), the distribution schedule was prepared on March 28, 2017, to distribute KRW 11,827,163 to the defendant in the above auction procedure, and accordingly, it is recognized that the defendant received the above dividends and completed the payment of dividends.

2. The lawsuit of demurrer against the distribution of this case is lawful, and a person who has appeared on the date of distribution and raised an objection shall file a lawsuit of demurrer against the distribution within one week from the date of distribution (Article 154(3) of the Civil Execution Act). According to the above facts, the Plaintiff, who is the debtor, did not raise an objection, has no standing to file a lawsuit of demurrer against

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.