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(영문) 수원지방법원안양지원 2016.04.29 2015가단4090
배당이의
Text

1. The document prepared on March 9, 2015 by the above court concerning the case of an application for a voluntary auction of real estate C with the Suwon District Court inside.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. The plaintiff partially dismissed part of the period of a distribution of the deleted defendant's dividend to the plaintiff.

On the other hand, if a debtor or owner won a lawsuit of demurrer against distribution, the court of execution shall change the distribution schedule for the creditor who did not raise any objection to the said part (Article 268 and Article 161(2)2 of the Civil Execution Act), and according to the evidence No. 2, the creditor D may recognize the fact that only a part of the amount of claims has been distributed to the creditor D. Thus, barring any special circumstance, such as the waiver of additional distribution by the above creditor, the deleted defendant's distribution amount cannot be immediately distributed to the plaintiff as the surplus, and the distribution schedule should be corrected for the creditor who did not raise any objection to the distribution.

Therefore, the plaintiff's claim for this part cannot be accepted.

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