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(영문) 대전지방법원논산지원 2019.04.18 2018가단1837
배당이의
Text

1. The Plaintiff’s lawsuit against Defendant C, Korea Housing Finance Corporation, and D shall be dismissed, respectively.

2. The plaintiff's defendant B corporation.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) filed a lawsuit against D on the claim for indemnity with the Seoul Central District Court Decision 2015Da5737276, Oct. 8, 2015, and sentenced D to the above court’s judgment that “D shall pay 16,334,000 won to Defendant B and its delay damages.” The above judgment became final and conclusive around that time.

B. On August 1, 2017, Defendant B applied for a compulsory auction on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to Daejeon District Court Seosan Branch E, based on the above judgment of indemnity amount, and received a decision to commence compulsory auction from the said court.

C. Each real estate of this case was sold to a third party during the above compulsory auction procedure.

On August 2, 2018, the above auction court distributed KRW 59,816,002 to Defendant B, KRW 5,000,000 to Defendant C, KRW 9,905,370 to Defendant Korea Housing Finance Corporation, and KRW 3,223,607 to Defendant D, respectively.

(hereinafter “instant distribution schedule”). E.

The Plaintiff appeared on the date of distribution, and raised an objection to the whole amount of distribution to Defendant B, and thereafter filed the instant lawsuit on August 8, 2018, within seven days thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Gap evidence 6-1 to 6, the purport of the whole pleadings

2. We examine the legitimacy of the lawsuit against Defendant C, Korea Housing Finance Corporation, and D ex officio.

A person who has standing to sue a lawsuit of demurrer against distribution is limited to a creditor or debtor who has appeared on the date of distribution and stated an objection. As seen earlier, the plaintiff only appeared on the date of distribution of the auction procedure of this case and stated an objection against the whole amount of dividends of the defendant B. There is no evidence that the plaintiff raised an objection against each amount of dividends of the defendant C, the Korea Housing Finance Corporation, and D. Therefore, this part of the lawsuit is unlawful as it is filed by a person who has no standing to sue.

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