logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.07.07 2015가합3871
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant filed an objection against the dividend amount of KRW 1,912,975,342 with respect to the auction subject matter owned by [Attachment Construction] Co., Ltd. (hereinafter “instant auction subject matter”) in the Daejeon District Court C, D, E, and real estate auction case; (b) the Defendant filed a lawsuit of this case on December 23, 2015 regarding the dividend amount of KRW 387,361,142 with the Defendant, who is the person having the right to the provisional registration of security, on the date of distribution of the above auction subject matter held on December 17, 2015, and KRW 387,361,142 with respect to the Defendant, who is the person having the right to the provisional registration of security, and KRW 00,000,000 from the date of distribution; and (c) the Defendant filed the lawsuit of this case on December 23, 2015, which is within one week.

2. A lawsuit of demurrer against distribution is sought for the modification of a distribution schedule or the preparation of a new distribution schedule to reduce the amount distributed to himself/herself by reducing the amount distributed to a person entered in the distribution schedule. As such, the Plaintiff’s assertion and proof that the Defendant did not have a claim in order to win the lawsuit of demurrer against distribution is insufficient and the Plaintiff has the right to receive a distribution of the amount distributed to the Defendant.

(Supreme Court Decision 2010Da42259 Decided July 12, 2012). In light of the foregoing legal doctrine, the instant case is a health care unit and the Plaintiff did not specifically state the grounds for the claim against the crypt construction.

arrow