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(영문) 대구지방법원서부지원 2019.04.10 2018가단5328
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A creditor may raise an objection against other creditors only within the scope related to his/her own interests against his/her claim or the order of such claim (Article 151(3) of the Civil Execution Act). Thus, the creditor’s assertion and proof that the Defendant’s claim did not exist in order to win a lawsuit of demurrer against distribution filed by the creditor is insufficient, and the Plaintiff’s claim and proof are not sufficient, and that the Plaintiff has the right to receive dividends from the Defendant.

(2) On April 23, 2015, the Plaintiff concluded a lease contract with D to KRW 30 million, monthly rent of KRW 100,000,000, and from April 27, 2015 to April 28, 2016, the Plaintiff was unable to file a move-in report while entering into a lease contract with D and the EtelF for the period of contract, from April 27, 2015 to April 29, 2016. The Plaintiff’s right to file a move-in report was not claimed as the first priority of the Plaintiff’s auction application under the Housing Lease Protection Act, even if the Plaintiff did not have the right to file a move-in report with the agent, on May 2, 2016, since the said term of contract expires, the Plaintiff’s right to file a move-in report was not claimed as the first priority of the Plaintiff’s auction application under the Housing Lease Protection Act.

Therefore, the plaintiff's assertion is without reason to examine further.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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