Appropriateness of a lawsuit of demurrer against distribution filed after the distribution procedure has been completed by the distribution court;

As long as the distribution procedure has been completed after the distribution was made, there is no profit to file a lawsuit of demurrer against distribution even if the distribution was made erroneously by the dividend court.

Article 592 of the Civil Procedure Act

Yellow Materials et al.

No. e. iron metal

Seoul High Court Decision 64Na386 delivered on February 18, 1965, decided February 18, 1965

We reverse the original judgment.

The judgment of the first instance is revoked and all of the plaintiffs' lawsuits are dismissed.

The total costs of litigation shall be borne by the plaintiffs.

We examine the grounds of appeal on the defendant Kim Jong-sik.

According to the original decision, the court below acknowledged the fact that the defendant's defense that the lawsuit for the reason for the distribution of this case is unlawful since the court of execution had already been implemented a distribution in accordance with the distribution schedule established by the court of execution, and the lawsuit for the reason for the distribution of this case was set from the 1964.4.13 to the 1964.2. Thus, all of the interested parties appeared and raised an objection to the distribution schedule, and although the objection was not concluded, the above support recognized that the distribution schedule was established on the ground that the objection was groundless, and that the immediately distributed the distribution schedule was completed, and it was confirmed that the above objection was confirmed on the ground that the objection was not completed, and that the above objection was completed. The plaintiff had been present on the date of distribution, and raised an objection against the distribution schedule within seven days from the date of distribution to the date of the date of distribution, and since it is apparent by the record of this case, even if the payment of the dividends was completed, the plaintiffs' objection against the above distribution schedule is legitimate.

However, since a lawsuit of demurrer against distribution is aimed at preventing other creditors from receiving dividends in accordance with the distribution schedule and seeking the confirmation of the amount of dividends as alleged by the plaintiff, even if the distribution has already been made and the distribution procedure has been completed, there is no profit to bring a lawsuit of demurrer against distribution as long as the distribution procedure has already been completed, so the lawsuit of demurrer against distribution in accordance with other procedures is separate issues, and the lawsuit of demurrer against distribution is unlawful as there is no benefit to bring a lawsuit of demurrer against distribution. However, as stated above by the court below, the rejection of the defendant's defense and the judgment on the merits shall not be erroneous in the misapprehension of legal principles,

In this regard, the original judgment is reversed, and the principal source has to directly decide on the case pursuant to Article 407(1) of the Civil Procedure Act, and even though there is no interest in the lawsuit of demurrer against distribution, the judgment is made after entering the original judgment at the time of the judgment in the first instance, and such judgment is revoked and all of the lawsuits on objection raised for the same reason shall be dismissed

It is so decided as per Disposition by the assent of all participating judges in accordance with the grounds above and the principle of losing the costs of lawsuit.

[Judgment of the Supreme Court (Presiding Judge) Mag-Jak Park Mag-gu