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(영문) 대법원 2014. 07. 04. 선고 2014다208941 판결
배당이의의 입증책임은 배당이의를 신청한 채권자에게 있음.[국승]
Case Number of the immediately preceding lawsuit

Daegu District Court-2013-Na-302165 (Law No. 19, 2014)

Title

The burden of proof of a demurrer against a distribution is against the creditor who has filed an objection to the distribution.

Summary

The burden of proof of a demurrer against a distribution is against the creditor who has filed an objection to the distribution.

Related statutes

Article 68-2 (Request for Distribution, etc. of National Tax Collection Act)

Cases

2014Da208941 Demurrer against distribution

Plaintiff-Appellant

Section AA

Defendant-Appellee

Korea

Judgment of the lower court

2014.03.19

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

It is so decided as per Disposition by the assent of all participating Justices on the bench, in accordance with Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases concerning the Procedure of Appeal, since the petition of appeal does not contain any statement in the grounds for appeal

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