배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The Defendant applied for a payment order against the Plaintiff as Seoul Eastern District Court 2014Guj8439, and received a payment order from the above court on December 11, 2014, and the said order became final and conclusive on February 11, 2015.
The defendant, with the title of execution of the above payment order, was ordered to seize and attach the plaintiff's claim for land expropriation compensation against the Korea Electric Power Corporation from the Suwon District Court's branch.
(2) The Korea Electric Power Corporation deposited KRW 14,140,022 for land expropriation compensation to the Plaintiff under the jurisdiction of the Suwon District Court (Seoul District Court Decision 2018 Ta1454, the Korea Electric Power Corporation deposited KRW 14,140,022.
In Suwon District Court, the distribution procedure was conducted regarding the above deposit (the same court C case; hereinafter referred to as the "distribution procedure of this case") and the distribution schedule was presented to the defendant, recognizing the defendant as the first distribution right holder on the date of distribution progress on January 30, 2019 and distributing the amount of KRW 14,130,820 to the defendant.
The plaintiff appeared on the above date and raised an objection to the whole amount of dividends to the defendant.
(Reasons for Recognition) In case where the debtor raises an objection against the distribution schedule prepared in the distribution procedures for the judgment procedures, the debtor who has raised an objection against the creditor who does not have an executory exemplification shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification against the creditor who has an executory exemplification of executive titles shall file a lawsuit of demurrer against a claim.
(1) As seen earlier, the Plaintiff, as the obligor of the distribution procedure in this case, was the Defendant, and the Defendant was a creditor holding an executory payment order. As such, the Plaintiff, who raised an objection to the distribution schedule prepared in the said distribution procedure, should have filed a lawsuit of demurrer against the Defendant, not a lawsuit of demurrer against distribution.
Therefore, a lawsuit of demurrer against the Defendant is brought against the Defendant.