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(영문) 수원지방법원여주지원 2016.07.05 2016가단3005
배당이의
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The defendant is the defendant's branch court B and 2 of Suwon District Court.

Reasons

1. A lawsuit of demurrer against a distribution may be brought within the extent that the creditor, who appeared on the date of distribution and raised an objection against the amount of distribution of the other party, has raised an objection against the amount of distribution on the date of distribution.

However, according to the overall purport of evidence Nos. 3 and 10 as well as the overall purport of the pleadings, the Plaintiff raised an objection only against KRW 11,258,280 out of the Defendant’s fourth-order dividend amount of KRW 380,875,168 on the date of distribution of the case Nos. 3 and 10, on March 30, 2016, on the date of distribution of the case No. 380,875,168, and the Defendant’s second-class dividend amount of KRW 4,020,000 may be acknowledged.

Therefore, the main claim part of the instant lawsuit is unlawful as it seeks correction of the distribution schedule with respect to the portion of which no objection is raised on the date of distribution.

2. The grounds for the indication of the conjunctive claim and the grounds for the modified claim shall be as specified in the relevant column;

3. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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