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(영문) 인천지방법원부천지원 2015.10.13 2015가단6199
배당이의의소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. As to the distribution procedure D by the Incheon District Court Branch D

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates a special hospital for the aged, provides health services, etc.

B. Several provisional seizure of claims against the Plaintiff’s claims against the National Health Insurance Corporation (the Incheon District Court 2014Kadan5405, the court 2014Kadan778, the Incheon District Court 2014Kadan2565), and the collection order for the seizure and collection of claims (the Incheon District Court 2014Kadan14577) were concurrent, and the distribution procedure was commenced by the National Health Insurance Corporation upon deposit of claims and reporting the reasons therefor.

(A) Defendant A C’s dividends distribution procedure (hereinafter “instant dividend procedure”). Defendant A C’s dividends 2,374,2304,230 4,923,738 2,200, 100% of the dividend ratio of Defendant A C’s dividends 1,051,945 23,7231,038,516, 45.261% of the dividend ratio of 10.683% of the dividend ratio of Defendant C’s dividends 222, Defendant C’s dividends 222, Defendant C’s dividends 1,051,945 23,7231,038,516

C. In the aforementioned distribution procedure, the distribution schedule was prepared as follows, and the Plaintiff, a debtor, filed an objection against the Defendants.

(hereinafter “instant distribution schedule”). 【The ground for recognition” has no dispute, entry in Gap’s evidence Nos. 1 and 4, and the purport of the entire pleadings.

2. Whether the part of the plaintiff's lawsuit of this case against the defendant C is legitimate

A. According to Articles 256 and 154(1) and (2) of the Civil Execution Act, where a debtor raises an objection to the distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification shall file a lawsuit of demurrer against distribution against the creditor, and the debtor who has raised an objection against a creditor who has an executory exemplification against a creditor who has an executory exemplification of executive titles shall file a lawsuit

(See Supreme Court Decision 2004Da72464 delivered on April 14, 2005, etc.). B.

In light of the above legal principles, comprehensively taking account of each of the statements No. 1-3, No. 1-3, and No. 2-3, the purport of the entire pleadings is examined.

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