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(영문) 의정부지방법원 2017.08.09 2017가단8807
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the legitimacy of the instant lawsuit.

The Plaintiff filed an objection after attending the court on the date of distribution and filing the instant lawsuit against the Defendants, on the ground that the Plaintiff had preferential right to payment as a small lessee of the real estate listed in the separate sheet among the real estate subject to auction auction cases B real estate auction cases, and on the ground that he could not make a demand for distribution after the lapse of the period for demanding distribution because he was aware of the progress of auction due to having failed to

A person standing to sue in a lawsuit of demurrer against distribution has been present on the date of distribution on the date of distribution and raised an objection on the substantive basis of the distribution schedule, and in order for a creditor to be present on the date of distribution on the date of distribution and to file an objection on the substantive basis of the distribution schedule, the creditor who is the executory debtor under the substantive law is insufficient to have lawfully made a demand for distribution by the deadline for the completion of the demand for distribution. The creditor who has not lawfully made a demand for distribution does not have the right to make an objection on the date of distribution and has not been able to file an objection on the distribution schedule, and even if such person appeared on the date of distribution and raised an objection on the distribution schedule, it is unreasonable to file an objection,

(2) The Plaintiff, a lessee of the above auction procedure, sent the lessee notice of the completion of the demand for distribution (including the details on the completion date of the demand for distribution) to the Plaintiff on September 21, 2016, by registered mail on two occasions, on September 22, 2016.

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