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(영문) 서울중앙지방법원 2016.01.28 2015가합567765
배당이의
Text

1. Of the distribution schedule prepared on October 22, 2015 by the above court with respect to the Seoul Central District Court C real estate auction case.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. Some dismissed parts of the Plaintiff seek to distribute the deleted amount of dividend to the Plaintiff as it is.

On the other hand, if the debtor or the owner won a lawsuit of demurrer against the distribution, the execution court shall change the distribution schedule for the sake of the creditor who has not raised any objection to the distribution (Articles 268 and 161(2)2 of the Civil Execution Act), and in this case where there are the distribution amount unpaid to the creditor (D) who has not raised any objection to the distribution, barring special circumstances, such as the said creditor renounced the additional distribution, the defendant's distribution amount cannot be distributed to the plaintiff, and the distribution schedule should be changed for the creditor who has not raised any objection to the distribution. Therefore, the plaintiff's claim for this part is rejected.

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