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(영문) 수원지방법원평택지원 2016.12.08 2015가단12005
배당이의
Text

1. The part of the Plaintiff C’s lawsuit to expand the claim of KRW 1,650,024 shall be dismissed.

2. Plaintiffs A and B’s respective claims and plaintiffs.

Reasons

1. Basic facts

A. On December 6, 2013, at the request of the Defendant, the mortgagee, the right to collateral security, F and ground A, B, and D, the auction procedure for real estate was commenced on December 6, 2013. The Plaintiffs asserted as the wage obligee, and on February 24, 2014, Plaintiff A submitted a report on the right and a request for distribution as to Plaintiff B, and Plaintiff C, as to KRW 12,90,00,000, and KRW 16,99,956.

B. On September 3, 2015, this Court distributed to the Defendant KRW 840,00,000, and KRW 72,924,692 in the order of 200,000, respectively, and drafted a distribution schedule with the content that the Plaintiffs did not distribute.

C. The Plaintiffs appeared on the date of the above distribution and raised an objection to KRW 5,800,00 against the Defendant among KRW 72,924,692 against the Plaintiff, Plaintiff B against KRW 7,800,00, and Plaintiff C against KRW 16,99,956, respectively, and Plaintiff C filed the instant lawsuit on September 8, 2015, which is within seven days thereafter.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 8, 9 (including paper numbers), the purport of the whole pleadings

2. The Defendant’s determination on the legitimacy of the extension of the claim amounting to KRW 1,650,024 among the Plaintiff’s lawsuit is the extension of claim amounting to KRW 1,650,024, and the Defendant asserted that the extension of claim amount of Plaintiff C’s Plaintiff’s Plaintiff’s lawsuit was unlawful due to the Domination of the filing period, and the Defendant’s amendment to the claim amount as of January 12, 2016 to the Plaintiff, but thereafter, the Defendant asserted to the same purport,

(c) A person who has appeared on the date of distribution and raised an objection to a distribution shall file a lawsuit of demurrer against the distribution within one week from the date of distribution;

(Article 154(3) of the Civil Execution Act. Therefore, it is possible to expand the purport of a claim within the extent of having raised an objection on the date of distribution before the period for filing a lawsuit expires, but where the purport of a claim is expanded after the period for filing a lawsuit of demurrer has expired, the extended part of the lawsuit was instituted after the period for filing

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