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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
The Plaintiff asserted that, based on the seizure and collection order of the claim No. 108991, the Defendant received dividends of KRW 84,778,271 in the Changwon District Court C distribution procedure based on the Changwon District Court’s 2020, and that, due to set-off, the Defendant’s claim against the Plaintiff had already been extinguished, the amount of dividends paid to the Defendant should be corrected to KRW 0.0.0,000.
According to Article 154 (1) and (2) of the Civil Execution Act, a debtor who has raised an objection against a creditor who has an executory exemplification of a creditor who has an executory power should file a lawsuit of demurrer against a claim, and the debtor should first dispute the existence and scope of the debt to the creditor who has a right of provisional seizure through the principal lawsuit or the procedure of objection against provisional seizure or revocation
In full view of the overall purport of the arguments and amendments made by Gap 2, Eul 1-2, 1-3, and 5-2, in the distribution procedure of Changwon District Court C, the fact that the defendant was issued on the basis of the final and conclusive judgment of the case, such as the order of the Busan District Court 2019KaMa11389, and the order of seizure and collection against the plaintiff, as the defendant received 6,000,896 won from the position of a collection right holder based on the seizure and collection order of 103972, and received 84,778,271 won in total from the position of a collection right holder based on the seizure and collection order of 2,00,000 won in Changwon District Court 20,000 won in the position of a collection right holder based on the seizure and collection order of 10392.
If the plaintiff's assertion was made, it seems that the defendant received dividends from the plaintiff as a creditor against the plaintiff even though there was no debt owed by the plaintiff against the defendant. According to the above facts of recognition, the defendant constitutes a creditor with an executory power of execution or a person with a provisional seizure authority, barring special circumstances, and thus, the plaintiff is able to file a lawsuit of objection against dividends. However, there is no data that can be known that the plaintiff made a statement of objection on the dividend date.
In this case.