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(영문) 부산지방법원 2017.10.27 2017나3786
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as the reasoning of the judgment of the court of first instance, except for the part to be determined additionally as follows, and thus, citing the same as it is in accordance with the main sentence of Article 420

The plaintiff asserts that since there was no objection against the dividend on the date of distribution, other creditors than the plaintiff did not object to the dividend, the deleted dividend amount from the dividend amount of the defendants should be cultivated in full to the plaintiff.

In a case where a debtor, other than other creditors, won a lawsuit of demurrer against distribution by filing a lawsuit of demurrer against distribution, he/she shall make the winning amount as a dividend foundation and make additional dividends for other creditors (Article 161(2)2 of the Civil Execution Act). Therefore, the plaintiff's assertion that the dividend amount against the defendants should be distributed to the plaintiff, who is the debtor, cannot be accepted.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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