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Reasons
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(영문) 서울중앙지방법원 2015.09.08 2014가단209294
청구이의
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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 10, 2011, the Defendant filed a lawsuit for construction price payment against the Plaintiff, etc. with the Seoul Central District Court 2010Gahap86780, and rendered a judgment that “The Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Plaintiff of this case) 2,236,979,50 won per annum from April 1, 201 to October 20, 201, 3% per annum from October 20, 2010, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on December 22, 201.

B. Meanwhile, on the date of additional distribution of the Seoul Central District Court B real estate auction case where the Plaintiff’s share in the apartment owned by the Plaintiff, the said court, on August 29, 2014, drafted an additional distribution schedule to distribute KRW 6,668,58 to C, who is the right holder of provisional seizure, KRW 354,670, KRW 655, KRW 220,793 to D, who is the right holder of provisional seizure, as the right holder of provisional seizure, and KRW 6,032,670 to the Defendant, who is the right holder of provisional seizure.

C. The Plaintiff raised an objection against the Defendant’s dividend amount among the dividend table prepared on the aforementioned additional distribution date, and filed the instant lawsuit on the 29th day of the same month thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. We examine ex officio determination as to the legitimacy of the lawsuit as to the legitimacy of the lawsuit.

A. In a case where the debtor raises an objection against the distribution schedule, the debtor who has raised an objection against the creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim (Article 154(1) and (2) of the Civil Execution Act). As such, filing a lawsuit of demurrer against a creditor who has an executory exemplification of a claim against the creditor who has

Supreme Court Decision 2004Da72464 Delivered on April 14, 2005

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