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(영문) 서울북부지방법원 2017.04.04 2016나35121
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the addition of the following determination as to the matters alleged in the court of first instance by the plaintiff in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the effect that the plaintiff's loss of the right to receive dividends on the grounds that the plaintiff did not make a demand for distribution by the date of demand for distribution even when the creditor of provisional seizure prior to the registration of seizure following the decision on voluntary decision on commencement of auction completed the provisional registration prior to the registration of seizure before the registration of seizure without a demand for distribution constitutes an abuse of rights or an abuse of rights.

However, insofar as the Plaintiff, who is a person entitled to provisional registration, has not reported a claim by the deadline for demanding distribution, as a matter of course lost the right to receive dividends pursuant to Article 16 of the Provisional Registration Security Act, it shall not be deemed to violate the principle of trust and good faith or to constitute an abuse of rights, with the enforcement court excluded the Plaintiff from dividends

Therefore, the plaintiff's above assertion is without merit.

3. Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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