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(영문) 의정부지방법원 2019.04.23 2018가단18696
청구이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the legitimacy of the instant lawsuit ex officio.

The debtors who have raised an objection against the creditors who have an executory exemplification of executive titles shall file a lawsuit of demurrer against demand.

(2) Article 154(2) of the Civil Execution Act. If a debtor who has raised an objection fails to submit the document attesting the fact of filing a lawsuit under paragraph (2) with a court of execution within one week from the date of distribution, and the authentic copy of a judgment suspending execution on such lawsuit, an objection shall be deemed to have been withdrawn (Article 154(3) of the Civil Execution Act). (Article 154(3) of the Civil Execution Act). (See Article 154(3) of the same Act, when the plaintiff borrowed KRW 70 million to D and prepares a notarial deed on the purport of the claim to D, among compulsory execution procedures based on the above notarial deed, D transfers the claim based on the above notarial deed to the defendant; (3) on the date of distribution, the plaintiff who is the debtor, raised an objection against the distribution; and (4) as the distribution schedule became final and conclusive due to the lack

(See the First Statement of Pleadings). Thus, this court cannot be deemed to have withdrawn an objection against the Plaintiff’s dividends pursuant to Article 154(3) of the Civil Execution Act, and as long as the amount of dividends already distributed has already been distributed, there is no interest in a lawsuit seeking an objection to the claim. Thus, the Plaintiff’s lawsuit of this case is deemed to be a single part or unlawful.

2. The instant lawsuit is unlawful and dismissed as it is concluded.

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