(영문) 서울동부지방법원 2017.09.20 2016나26541

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(영문) 서울동부지방법원 2017.09.20 2016나26541

배당이의

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1. The Seoul Eastern District Court C real estate auction case as part of the instant lawsuit extended in the trial.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the Plaintiff’s claim expansion of the purport of the claim in the trial, and the reasoning of the judgment in the first instance is as stated in the reasoning of the judgment. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The lawsuit of demurrer against distribution of the part of expansion of the purport of the lawsuit in this case shall be filed within one week from the date of distribution by a person who has appeared on the date of distribution.

(Article 154(3) of the Civil Execution Act. Therefore, it is possible to expand the purport of a claim within the extent of having raised an objection on the date of distribution prior to the expiration of the period for filing a lawsuit. However, where the purport of a claim is expanded after the period for filing a lawsuit of demurrer against distribution expires, the extended part of a lawsuit ultimately becomes unlawful

In this case, the Plaintiff submitted the instant petition of appeal on October 7, 2016, which was seven days after the date of distribution from May 27, 2016, and expanded the purport of the claim.

Therefore, among the lawsuits in this case, the part exceeding the scope of the original complaint (the amount of dividend 380,000,000,000 won against the defendant, the amount of dividend 43,730,740 won against the plaintiff, and the amount of dividend 43,730,740 won against the plaintiff is sought respectively to be corrected as KRW 182,026,740) is unlawful since the deadline for filing the lawsuit has expired.

3. As a result, the part of the lawsuit in this case, which exceeds the part for which correction is sought as KRW 182,026,740,00 against the defendant, which is the part expanded in the trial of the party, is dismissed as it is unlawful, and the part for which correction is sought against the plaintiff as the dividend amount of KRW 380,00,000 against the defendant, which is 241,704,000, and the dividend amount of KRW 43,730,740 against the plaintiff is 182,00,000. The remaining claims of the plaintiff are justified as the conclusion of the judgment of the court of first instance. Accordingly, the part of the lawsuit in this case, which

참조조문

-민사소송법 제420조

-민사집행법 제154조 제3항

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