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(영문) 전주지방법원 2020.12.09 2020가단24405
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a lawsuit in this case, the plaintiff asserts that the dividend amount to the defendants in the distribution schedule of this case is unlawful in the auction procedure, so it should not be executed.

ex officio, as long as it is not deemed that the Plaintiff presented documents evidencing the fact of filing a lawsuit of demurrer against distribution within the statutory period of one week after having raised an objection to the instant distribution table, Article 154(3) of the Civil Execution Act provides that Article 154 of the Civil Execution Act is as follows.

Article 154 (Lawsuit of Demurrer, etc.) (1) A debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles (excluding any provisional seizure creditor), and a creditor who has raised an objection against other creditors, shall file a lawsuit of demurrer against distribution.

(2) The debtors who have raised an objection against the creditors who have an executory exemplification of executive titles shall file a lawsuit of demurrer against demand.

(3) When the creditor or debtor who has raised an objection under paragraph (1) has failed to submit the documents attesting the fact of filing the lawsuit with the court of execution within one week from the date of distribution, or has failed to submit the documents attesting the fact of filing the lawsuit under paragraph (2) and the certified copy of a judgment suspending execution of

In accordance with this, an objection is withdrawn, and eventually, the plaintiff has no interest in maintaining the lawsuit of this case.

Therefore, it is decided as per Disposition by the Supreme Court's decision to dismiss a lawsuit without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

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