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(영문) 부산지방법원 2015.05.07 2015가단5213
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff: (a) leased the second floor of the 2nd floor located in the Busan East-gu, Busan, on the deposit for lease; and (b) completed the lease registration on April 16, 2014, after renting the second floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor; and (c) completed the lease registration on April 16, 2014; (b) the Plaintiff did not demand distribution on the date of distribution and raised an objection despite the progress of the voluntary auction procedure for the said housing,

If the whole purport of the pleadings is added to the statements in the evidence Nos. 2, 3, 4, and 1 and 2 of the Plaintiff, the Plaintiff made a resident registration on December 23, 2009 after concluding a lease agreement as alleged by the Plaintiff regarding the above housing on December 20, 209. The Plaintiff’s lease registration was completed on April 24, 2014. However, on April 23, 2014, the Plaintiff’s voluntary decision on commencement of the auction on the above housing was registered on April 23, 2014, and the completion period for demand for distribution was announced on April 25, 2014, and the Plaintiff did not make a demand for distribution until the completion period for demand for distribution was determined on July 4, 2014.

According to Article 148, etc. of the Civil Execution Act, where a registration of the right of lease has been completed prior to the registration of the decision on commencing auction, dividends may be received according to the order of priority, even if there is no demand for distribution, but when the registration of the right of lease has been completed after the registration

In addition, even if a creditor who failed to lawfully demand a distribution was present on the date of distribution on the date of distribution and did not have the right to raise an objection under the substantive nature of the distribution schedule, and he was present on the date of distribution and raised an objection against the distribution schedule, this is merely illegal objection, and he does not have the standing to file a lawsuit of demurrer against distribution against him.

In light of the above facts, the plaintiff in this case is a lessee who registered the right of lease after the registration of the decision to commence voluntary auction.

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