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(영문) 수원지방법원 2018.08.09 2018가단16412
배당이의
Text

1. Of the distribution schedule prepared on June 12, 2018 by the said court with respect to the Suwon District Court C’s auction of real estate.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Applicable provisions of Acts: Judgment without holding pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The part dismissing part of the Plaintiff is demanding to delete the portion exceeding its claim amount from the distribution schedule to the amount of dividends against the Defendant.

However, since a lawsuit of demurrer against a distribution filed by a creditor is to resolve a dispute over the amount of dividends among creditors who are the opposing parties, the judgment of the lawsuit should change the ownership of the portion of dividends in dispute among creditors who are the plaintiff and the defendant. Therefore, in calculating the amount of dividends which belongs to the plaintiff among the portion of dividends in dispute where the defendant's claims exist, it is not necessary to take into account the claims of other creditors who did not raise an objection into account in calculating the amount of dividends which revert to the plaintiff among the portion of dividends in dispute, and there

The same shall also apply

(2) The Plaintiff’s claim on the amount of dividends against the Defendant exceeding the amount of the Plaintiff’s claim is without merit. Thus, the Plaintiff’s claim on the amount of dividends against the Defendant exceeding the amount of the Plaintiff’s claim is without merit.

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