(영문) 광주지방법원 2017.06.01 2016나56850

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(영문) 광주지방법원 2017.06.01 2016나56850

배당이의

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1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3...

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. A lawsuit of demurrer against a distribution, which was presented on the date of distribution and raised by a person who has raised an objection on the date of distribution, shall file a lawsuit of demurrer against a distribution within one week from the date of distribution (Article 154(3) of the Civil Execution Act), and it is possible to expand the purport of the claim within the extent of having raised an objection on the date of distribution before the deadline for filing a lawsuit expires. However, where the purport of the claim is expanded after the deadline for filing a lawsuit of demurrer against a distribution expired, the lawsuit

In this case, the Plaintiff raised an objection against the amount of dividends to the Defendant on May 16, 2016, and on May 20, 2016, which is up to one week thereafter, “The amount of dividends to the Plaintiff out of the dividend table prepared by the said court on May 16, 2016 (hereinafter “instant dividend table”) was KRW 6,884,075, which was 14,431,449, and the amount of dividends to the Defendant was 15,094,747,747, and the amount of dividends to the Defendant was corrected as KRW 7,547,373, respectively, according to the written application for modifying the claim and the grounds for the claim filed on July 22, 2016, it is evident that “The amount of dividends to the Plaintiff out of the instant dividend table was KRW 68,84,75,748,79,79,747, and KRW 15,373.”

Thus, among the lawsuits in this case, the purport of the claim as of July 22, 2016 and the part expanded by the application for modification of the cause of the claim as of July 22, 2016, in excess of the scope of correction sought in the original complaint, are unlawful since

3. The parties' assertion and judgment

A. 1) The plaintiff's assertion (A) at the time of the initial lawsuit is filed for the remainder of the claim.

참조조문

-민사소송법 제420조

-민사집행법 제154조 제3항

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