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(영문) 대구지방법원포항지원 2019.07.09 2019가단100590
배당이의
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.

(2) As to the distribution procedure stated in the purport of the claim, the Plaintiff is an obligor for the distribution procedure stated in the purport of the claim. The Defendants are executory title [Defendant B is the Daegu District Court Branch Branch Order No. 2016Hu170 dated Jan. 20, 2016; Defendant C is a notary public’s notarial deed No. 501 on Jan. 20, 2015; Defendant D is the Daegu District Court Branch Order No. 2018Gadan1008 dated Apr. 11, 2018; Defendant E does not have an executory title (as for Defendant B, the Daegu District Court Branch Order No. 2017Na1015 decided Mar. 14, 2017; Defendant C does not have an executory title (as for the appellate court Decision No. 2017Na3015 decided Jul. 25, 2018; Defendant D does not have an executory title; Defendant C does not have an executory title between the parties; or evidence No. 161651.

Therefore, the Plaintiff, a debtor of the distribution procedure of this case, raises an objection to the distribution against the Defendants, who are creditors with an executory exemplification of executive titles. Thus, the Plaintiff, a debtor of the distribution procedure of this case, files a lawsuit of demurrer against the Defendants, but the lawsuit of demurrer against the distribution of this case is unlawful in all of

(see, e.g., Supreme Court Decisions 2004Da72464, Apr. 14, 2005; 2010Da70018, Jul. 28, 2011). Therefore, all of the instant lawsuits are dismissed, and is so decided as per Disposition.

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