logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원논산지원 2017.10.12 2017가단21391
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In cases where a debtor, not other creditors, raises an objection against a distribution schedule prepared in the relevant legal doctrine procedures, a debtor who has raised an objection against a creditor who has an executory exemplification of executive titles, shall file a lawsuit of demurrer against a claim (Article 154(1) and (2) of the Civil Execution Act). A lawsuit of demurrer against a creditor who has an executory exemplification of executive titles, not a lawsuit of demurrer against a claim against a creditor who has

(see Supreme Court Decision 2004Da72464, Apr. 14, 2005). Moreover, the period for filing a lawsuit of demurrer against a distribution schedule is limited to not more than one week from the date of distribution (Article 154(3) of the Civil Execution Act). The same applies to cases where the period for filing a lawsuit of demurrer against distribution is changed to a lawsuit of objection against a distribution, but it was unlawful due to its failure to observe the period for filing a lawsuit of objection. Thus, the failure to make the purport of the lawsuit of objection as a lawsuit of objection cannot be deemed as a violation of the duty to clarify the purport of the claim, and when the debtor who raised an objection against a distribution raises the period for filing a lawsuit of objection against the distribution in the said procedure, other methods of remedy, such

(See Supreme Court Decision 2016Da2970 Decided May 12, 2016 (see Supreme Court Decision 2016Da2970, May 12, 2016). 2. According to the Defendant’s motion, a creditor who holds an executory title (Seoul Western District Court 2016Da704) with respect to only inherited real estate, the compulsory auction procedure for real estate was commenced to this court C. On June 23, 2017, when the amount of dividends to be distributed to the Defendant is the actual amount of KRW 14,268,468, which deducts expenses for execution, etc., the distribution schedule was prepared by which the Plaintiff raised an objection to the distribution schedule and raised the instant lawsuit.

However, in light of the legal principles as seen earlier, a lawsuit of demurrer against a distribution filed by the Plaintiff against the Defendant, a creditor.

arrow