(영문) 광주지방법원 2017.09.01 2017나243 | 리걸엔진

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(영문) 광주지방법원 2017.09.01 2017나243

배당이의

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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Of the instant lawsuits, 100,450,528 won.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance. Thus, this part of the reasoning is also cited by the main sentence of Article 420 of the Civil Procedure Act.

2. A lawsuit of demurrer against distribution regarding the legality of the extension of the purport of a claim among the instant lawsuit is filed by a person who appeared on the date of distribution and raised an objection on the date of distribution within one week from the date of distribution (Article 154(3) of the Civil Execution Act), and it is possible to expand the purport of the claim within the extent that he/she raised an objection on the date of distribution prior to the expiration of the period of filing the lawsuit. However, where the purport of the claim is expanded after the lapse of the period of filing the lawsuit,

In this case, on May 21, 2015, the date of distribution, the Plaintiff raised an objection against the amount of distribution to the Defendant on May 21, 2015. On May 28, 2015, the Plaintiff filed a lawsuit to rectify the amount of distribution to KRW 127,080,260 of the dividend amount against the Defendant in the distribution schedule prepared by the said court on May 21, 2016 (hereinafter “instant distribution schedule”) with respect to the distribution procedure D branch of the Gwangju District Court (hereinafter “the instant distribution schedule”), as KRW 38,124,078 of the dividend amount to Co-Defendant C of the first instance trial, and KRW 29,863,861 won to the Plaintiff as KRW 100,450,528, respectively, to KRW 100,450,528, the amount of distribution was corrected to KRW 127,081,681 of the instant distribution schedule, and to the effect that the instant claim was corrected to KRW 296816,8186,27,20.

Therefore, the part of the instant lawsuit, which was expanded by the petition of appeal on January 2, 2017, in excess of the scope of correction sought by the original complaint, is unlawful since the time limit for filing the lawsuit was excessive.

3. The parties' assertion and judgment

A. The plaintiff's assertion appears to exist when the defendant in collusion with F and did not exist.

참조조문

-민사소송법 제420조

-민사집행법 제154조 제3항

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