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(영문) 인천지방법원 2017.10.19 2017가단17329
배당이의
Text

1. The instant lawsuit was concluded on August 17, 2017 as the withdrawal of the lawsuit.

2. The Plaintiff’s litigation costs after the completion of the lawsuit.

Reasons

If a person who has raised an objection to a distribution schedule fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act). The fact that the Plaintiff was notified of the date for pleading after filing a lawsuit of demurrer against distribution of this case, but did not appear on August 17, 2017, the first date for pleading, is apparent in the record. Thus, the instant lawsuit was terminated on August 17, 2017 as the deemed withdrawal of the lawsuit.

Nevertheless, it is so decided as per Disposition by the Plaintiff to make a declaration of termination of a lawsuit in order to clarify the termination of the lawsuit in this case, since it submitted an application for designation to the effect that the Plaintiff contests the validity of the withdrawal of the lawsuit.

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