배당이의
1. The plaintiff's primary claim among the lawsuit of this case is dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
1. The distribution schedule was prepared on August 21, 2014 to be distributed in KRW 212,108,716 to B on August 21, 2014 in the auction procedure written in the purport of the claim for the distribution schedule, and thereafter, the distribution schedule may be acknowledged in proportion to the distribution of KRW 118,710,315 to Defendant LAcom Co., Ltd. and KRW 93,438,847 to be distributed in proportion to the distribution of KRW 212,10,710,315, and KRW 93,438,847, as the distribution schedule was not disputed between the parties or determined as it was in favor of and in the lawsuit of demurrer against distribution filed by the Defendant National Bank against B, which became final and conclusive on May 20, 2015.
2. The Plaintiff, as described in the above purport of the claim, primarily sought an objection to the distribution, as stated in the above purport of the claim. However, the Plaintiff himself/herself has not participated in the said auction procedure by making a demand for distribution or filing an objection against the said distribution schedule. Therefore, the Plaintiff is not eligible to file a lawsuit of demurrer to the distribution of this case.
3. The Plaintiff as to whether the aforementioned claim constitutes unjust enrichment, asserting that the Defendants had obtained unjust enrichment by receiving dividends as above, and sought the return of the amount stated in the above claim. However, as seen above, the Plaintiff did not make a demand for distribution in the above auction procedure, and there is no evidence supporting that the Plaintiff constitutes a creditor entitled to receive dividends under Article 148 of the Civil Execution Act, and there is no other evidence supporting that the Plaintiff constitutes a creditor entitled to receive dividends
In conclusion, the plaintiff's primary claim among the lawsuit of this case is dismissed as it is unlawful and it is so decided as per Disposition by the assent of all participating Justices on August 25, 2005.