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(영문) 청주지방법원 2019.11.13 2019가단4526
배당이의
Text

1. The part of the instant lawsuit against Defendant B, C, and D shall be dismissed.

2. The Cheongju District Court's F compulsory auction.

Reasons

1. Plaintiff 23,894, 204, Defendant B 43,054, 204, Defendant B 43,054, 793, 27,584, 945 Defendant C30,753, 424, 25, 417, 817, Defendant D43,054, 793, 27,584, 944, 944, 944, Defendant E 1,715, 540, 693, 215,189,045, 0455, who has the right to demand a distribution, in the distribution order of the grounds for the amount of credit distribution;

A. In the case of the Cheongju District Court F real estate auction (hereinafter “instant auction procedure”), the same court prepared on May 21, 2019 a distribution schedule with the content that the Plaintiff and the Defendants would distribute as follows on the date of distribution implemented on May 21, 2019:

B. The Plaintiff appeared on the aforementioned date of distribution, and made a statement of demurrer against the distribution amount against Defendant E, and did not raise any objection against the remaining Defendants.

The plaintiff filed the instant lawsuit within one week from then, and submitted to the court of execution the evidence of the lawsuit.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 6 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the lawsuit of this case against the above Defendants against Defendant B, C, and D, the above Defendants asserted that the lawsuit of this case against the above Defendants was unlawful since the Plaintiff did not raise any objection against the dividend amount of the above Defendants on the date of distribution. Thus, according to Article 154(1) of the Civil Execution Act, only the creditors who have raised an objection against other creditors on the date of distribution can file a lawsuit of demurrer against the distribution against other creditors. Thus, even if other creditors other than the Plaintiff raised an objection against the dividend amount of the above Defendants on the date of distribution as alleged by the Plaintiff, the Plaintiff is not eligible to file a lawsuit of demurrer against the above Defendants, unless the Plaintiff did not raise an objection against the dividend amount of the above Defendants on the date of distribution.

Therefore, the plaintiff's lawsuit against the above defendants is not a party.

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