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(영문) 대전지방법원홍성지원 2015.06.23 2015가단1512
배당이의
Text

1. All of the plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. We examine the legitimacy of each of the plaintiffs' lawsuits ex officio in determining the legitimacy of each of the plaintiffs' lawsuits.

On January 29, 2015, with respect to the compulsory execution cases of corporeal movables in the Daejeon District Court of Daejeon Branch of District Court 2014No. 719, 2014No. 720 against the debtor C, an execution officer B affiliated with the above court of the court prepared a statement of dividend payment of KRW 18,250,00 as the spouse preferential payment amount, KRW 5,969,65 to the plaintiff National Agricultural Cooperative Federation, KRW 10,291,135 to the plaintiff Bo Young Livestock Cooperative (Provided, That the above execution officer stated the name of the document as the "distribution schedule"). The plaintiffs did not reach a dividend consultation following their statement of objection against the amount of dividends against the defendant, and the fact that the execution officer B did not pay dividends can be acknowledged by taking into account the overall purport of the entries and arguments in No. 4-1, 2-2 and each of the whole arguments.

The plaintiffs asserted that the 16-maria, which is the object of compulsory execution of corporeal movables, was owned by the debtor C, and the defendant alleged that the corporeal movables are co-owned by the defendant and received an amount equivalent to 1/2 of the proceeds of sale. Thus, the defendant's amount of dividends should be deleted, and the above amount of dividends should

A lawsuit of demurrer against a distribution is a lawsuit seeking the alteration of the distribution schedule prepared by the distribution court by a creditor, etc. who appeared on the date of distribution and raised an objection against the distribution schedule as the defendant against the opposing party. The creditor, etc. who did not present on the date of distribution and raise an objection against the distribution schedule is not qualified as a party to a lawsuit of demurrer against a distribution. If the agreement on distribution is not reached at the date of consultation on distribution in the auction procedure for corporeal movables, the execution officer deposits the proceeds of sale and made a report on the reason thereof to the execution court (Article 22 of the Civil Execution Act). When such a report is filed, the execution court shall not exceed

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