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(영문) 수원지방법원 2017.05.19 2016가단23485
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

A person who has standing to sue in a lawsuit of demurrer against distribution is a creditor or debtor who has appeared on the date of distribution and raised an objection on the substantive nature of the distribution schedule (Articles 154 and 151 of the Civil Execution Act). Thus, even if a creditor appeared on the date of distribution, in cases where the creditor did not raise an objection against other creditors, he/she does not have standing to sue in a lawsuit of demurrer against distribution against

Comprehensively taking account of the overall purport of the arguments in the statement of evidence Nos. 5 and 6 as to this case, the Plaintiff’s legal representative C was present on the date of distribution of the real estate auction procedure B in Suwon District Court, and stated an objection only against the whole or part of the amount of dividends of the Defendant, and the fact that the Defendant did not raise an objection against the amount of dividends.

According to the purport of Gap evidence No. 5 and the whole pleadings, the plaintiff and Eul are the lessee who leased separate real estate, and Eul are the lessee of the leased real estate, and they have stated their objection as to the amount of dividends.

Therefore, since the lawsuit of demurrer against the distribution of this case was filed by a person who has no standing to sue, and is unlawful, it is so decided as per Disposition.

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