배당이의
1. The part against the defendant in the judgment of the first instance is revoked.
The Suwon District Court's Sung-nam Branch C real estate compulsory auction.
The plaintiff appealed against the judgment of the court of first instance, which fully dismissed the plaintiff's claim against the defendant and A, and the court prior to the remand dismissed all appeals against the plaintiff's defendant and A.
Accordingly, the Plaintiff appealed against the judgment of the trial court prior to remand. The Supreme Court accepted only the Plaintiff’s appeal against the Defendant, and reversed the part against the Defendant in the judgment prior to remand and remanded to this court. The Plaintiff’s appeal against A was dismissed.
Therefore, since the Supreme Court's dismissal of the claim against A is separated and finalized by the judgment of the Supreme Court before remanding, the scope of the judgment of the court before remanding is limited to the claim against the defendant among the judgment of the court before remanding.
2. The plaintiff's assertion
A. On March 11, 2014, the Defendant’s decision on provisional seizure, which was issued against D as a claim claim, was revoked. Accordingly, the Defendant lost the status of receiving dividends as a provisional seizure creditor.
B. It is reasonable to view that the defendant's claims were false claims created in collusion with D after the plaintiff's request for auction, and that D demanded a distribution on behalf of the defendant.
C. Therefore, the dividend amount for the Defendant should be deleted, and the dividend table should be corrected as the Plaintiff received the dividend.
3. Determination
A. According to Article 88(1) of the Civil Execution Act and Article 48 of the Civil Execution Rule, a creditor who has effected a provisional seizure subsequent to the registration of a decision to commence the auction may receive a distribution only in cases where he/she has made a demand for distribution by the completion period for the demand for distribution, and the said demand for distribution shall be made by attaching a document proving the qualification for demand for distribution, such as a certificate of registered matters concerning the provisional seizure, which
If a provisional attachment order issued by a creditor has been revoked, the creditor loses the status of receiving a dividend as a provisional attachment creditor, so the revocation of the provisional attachment order is in the lawsuit of demurrer against distribution.