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(영문) 서울서부지방법원 2018.01.19 2016가단251935
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. It is as shown in the annexed sheet of basic facts;

2. On May 4, 2016, the Plaintiff asserted by the parties: (a) lent KRW 250 million to the Korea Assets Management Loan Co., Ltd.; and (b) drafted a notarial deed; (c) on October 26, 2016 of the Seoul Western District Court C distribution Procedure case, the Plaintiff filed an objection against the Defendant’s total amount of dividends on the date of distribution; and (d) filed the instant lawsuit.

However, the defendant asserts that since there is no money actually lent to Korea's asset management loan and received dividends by establishing a false pledge, the defendant's claim for correction of 101,236,458 won of the dividend amount against the defendant among the dividend table prepared by the above court.

In this regard, the defendant asserts that the lawsuit of this case is unlawful because the plaintiff did not submit a claim statement or demand a distribution from the above auction procedure by the deadline for the completion of the demand for distribution, and there is no substantive right, such as transfer of a real right from the Korea Assets Management Loan or creation

3. However, there is no dispute that the plaintiff either submitted a claim statement or demanded a distribution from the above auction procedure by the completion date for the demand for distribution, but the general creditor who did not lawfully demand a distribution does not have the right to make a lawful objection against the distribution schedule, and therefore there is no authority to do so, the party to the lawsuit against the distribution schedule is not qualified.

Therefore, the instant lawsuit is unlawful and thus dismissed.

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