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(영문) 수원지방법원안산지원 2016.03.10 2015가합22189
배당이의
Text

1. With respect to Nwon District Court's Ansan Branch's N Real Estate Compulsory Auction orO cases, the above court shall conduct compulsory auction orO cases on June 25, 2015.

Reasons

1. The description of the claim is as shown in Appendix 2 of the Claim.

2. Applicable provisions;

A. Judgment by deeming the remainder of the Defendants except Defendant H to be a confession (Article 150(1) and (3) of the Civil Procedure Act, Article 208(3)2 of the Civil Procedure Act)

B. Judgment by public notice by Defendant H (Article 208(3)3 of the Civil Procedure Act)

3. Some of the dismissed plaintiffs claim that the amount of dividend of the deleted defendants should be distributed to the plaintiffs according to their shares of inheritance.

On the other hand, in case where the debtor or the owner won a lawsuit of demurrer against distribution, the execution court shall change the distribution schedule for the creditor who did not raise any objection to the said part (Article 268 and Article 161(2)2 of the Civil Execution Act), and pursuant to the evidence No. 3, it can be recognized that only part of the claim amount has been distributed to the creditor company foreign exchange banks, and barring special circumstances such as the waiver of additional distribution by the above creditor, barring any special circumstances such as where the above creditor renounced the distribution, the amount of distributed by the deleted defendants cannot be immediately distributed to the plaintiffs as the surplus, and the distribution schedule shall be corrected on behalf of the creditor who did not raise any objection to the distribution.

Therefore, this part of the plaintiffs' claims is rejected.

4. In conclusion, the plaintiffs' claims against the defendants are justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

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