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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 마산지원 2018.06.21 2018가단32
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the claim

A. The Plaintiff’s claim construction mutual aid association’s right to share takes effect upon the enforcement officer’s possession of the investment certificate. The Defendant did not have possession of the instant investment certificate even though he was ordered to seize the shares of the association members (78 units) based on the Plaintiff’s share (hereinafter “instant investment certificate”). Thus, the Defendant is not entitled to share in the distribution procedure stated in the purport of the claim (hereinafter “instant distribution procedure”).

B. Determination 1) Unlike the explicit provision (Article 148) regarding the scope of creditors entitled to receive dividends under the Civil Execution Act with respect to the compulsory execution against real estate, although there is no separate provision regarding the compulsory execution against movable property (claims and other property rights), it should be the case where there exists a concurrence of seizure (or provisional seizure) under Article 235 of the Civil Execution Act in order to become a creditor entitled to receive dividends in the distribution procedure, which is the compulsory execution against claims and other property rights, under the interpretation of the interpretation, or where a legitimate demand for distribution under Article 247 of the same Act has been made. Meanwhile, Article 247(1)3 of the same Act provides that the creditor with executory exemplification may make a demand for distribution to the court "not later than the time when the execution officer has submitted to the court." Thus, if the defendant makes a demand for distribution by the above time after being based on the executory exemplification, it shall be deemed that he is entitled to receive dividends in the distribution procedure in the instant case, and that the defendant has to submit the sale proceeds to the court prior to the execution court (20.20).

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