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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed an application against the Plaintiff for a payment order seeking the payment of loans with the Seoul Eastern District Court 2014 tea8439, and received a payment order from the above court on December 11, 2014, and the payment order was finalized on February 11, 2015.
B. The Defendant, with the title of execution of the above payment order, received a seizure and assignment order on the Plaintiff’s land expropriation compensation claim against the Korea Electric Power Corporation from the Suwon District Court branch.
(Case No. 2018 Doz. 33133).
The Korea Electric Power Corporation deposited the land expropriation compensation amount of KRW 22,958,440 to the Plaintiff as Suwon District Court 2018Hun1453.
In Suwon District Court, the distribution procedure for the said deposit was proceeded with C (hereinafter “instant distribution procedure”), and on the date of distribution progress on January 30, 2019, the Defendant was recognized as the first distribution right holder and presented a distribution schedule (hereinafter “instant distribution schedule”) that distributes KRW 22,953,152 to the Defendant.
E. The Plaintiff appeared on the above date and raised an objection to the entire amount distributed to the Defendant, and on February 7, 2019, filed a lawsuit of demurrer against the distribution of the instant case.
[Reasons for Recognition: Each entry and the purport of whole pleadings as to Gap evidence Nos. 1 through 4]
2. Determination on this safety defense
(a) In case where the debtor raises an objection against the distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against the creditor who does not have an executory exemplification shall file a lawsuit of demurrer against the distribution, and the debtor who has raised an objection against the creditor who has an executory exemplification of executive titles shall file a lawsuit of demurrer against the claim;
(Articles 256, 154(1) and (2) of the Civil Execution Act).
With respect to the correction of the distribution schedule of this case that the plaintiff distributes the defendant's dividends to the plaintiff, as stated in the purport of the claim, the defendant filed the lawsuit of this case against the plaintiff.