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(영문) 인천지방법원 2014.07.24 2014가단7222
배당이의
Text

1. The instant lawsuit was concluded on March 27, 2014 as the withdrawal of the lawsuit.

2. The costs of lawsuit after the completion of the lawsuit are individually considered.

Reasons

According to Article 158 of the Civil Execution Act, if a person who has an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against distribution, such person shall be deemed to have withdrawn the lawsuit, and if it is found that the lawsuit has been excessive and that the trial has been continued, the court shall make

(See Supreme Court Decision 2010Da103048 Decided April 28, 201). According to the overall purport of the records and pleadings of this case ex officio, the Plaintiff raised an objection against the amount of distribution to the Defendant on the date of distribution as of January 27, 2014, and filed a lawsuit of demurrer to the distribution with the court of this case on February 3, 2014. The court of this case set the first date for pleading of this case as of March 27, 2014 and delivered the notice of the date for pleading to the Plaintiff at the domicile indicated in the complaint, but it was impossible to deliver the notice of the date for pleading to the Plaintiff on March 20, 2014, the Plaintiff was not present on the first date for pleading of this case. Thus, the lawsuit of this case was terminated on March 27, 2014.

As such, it is decided as per Disposition by the declaration of termination of the lawsuit in this case.

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