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(영문) 부산고등법원 2015. 07. 23. 선고 2014나21994 판결
연기된 배당요구 종기 안에 이루어진 교부청구나 배당요구는 적법함[국승]
Case Number of the immediately preceding lawsuit

Changwon District Court 2014 Gohap31721

Title

A request for delivery or a demand for distribution made within the completion period for the postponed demand for distribution shall be lawful.

Summary

(as in the judgment of the court of first instance) The decision of postponement of the period for the demand for distribution is lawful within the reasonable discretion of the court of execution, and is valid, unless it is revoked by an objection or special appeal against the execution by an interested person, and a request for delivery or demand for distribution made within the completion period for the postponed demand for distribution is lawful.

Related statutes

Article 56 of the National Tax Collection Act

Cases

2014Na21994 Demurrer against distribution

Plaintiff, Appellant

○○○ Guarantee Fund

Defendant, appellant and appellant

Republic of Korea Overseas2

Judgment of the first instance court

Changwon District Court Decision 2014Gahap31721 Decided September 18, 2014

Conclusion of Pleadings

oly, 2015.25

Imposition of Judgment

oly 2015.23

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

Purport of claim and appeal

The judgment of the court of first instance shall be revoked. With respect to the auction of real estate rent cases of Changwon District Court 201xxx59, the dividend amount of KRW 184,786,029 against the defendant ○○○○○ Incorporated Company on April 29, 201x KRW 184,786,029 shall be KRW 0,75,984,490 against the defendant ○○○○○○○○ Incorporated, the dividend amount of KRW 24,747,927 against the defendant ○○○○○○○○○○ Foundation shall be KRW 0,00, and the dividend amount of KRW 382,326,973 against the plaintiff shall be distributed to KRW 67,845,419, respectively, shall be corrected.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is the same as that for the judgment of the court of first instance, and it is difficult to conclude a different conclusion only with the fact-finding results on ○○○ Construction Co.,, Ltd., ○○○ Construction Co., Ltd., ○○○ Construction Co., Ltd., and ○○○○○○ Guarantee.

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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