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(영문) 부산지방법원 2020.06.23 2019가단19777
배당이의
Text

1. The instant lawsuit was concluded on May 12, 2020 as the withdrawal of the lawsuit.

2. The costs of lawsuit after the completion of the lawsuit are individually considered.

Reasons

If a person who has raised an objection to a distribution fails to appear on the first date for pleading of a lawsuit of demurrer against distribution (Article 158 of the Civil Execution Act), the lawsuit shall be deemed to have been withdrawn. On the other hand, if it is found that the lawsuit has been excessive and that the trial has been continued, the court shall ex officio

(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). Since the fact that the Plaintiff did not appear on the first day of pleading opened on May 12, 2020, even after being notified by the court of lawful date of pleading regarding the instant case, is apparent in the record, the instant lawsuit was concluded as deemed the withdrawal of the lawsuit on May 12, 2020.

Therefore, in order to clarify the termination of the lawsuit in this case, it is so decided as per Disposition by the declaration of the termination of the lawsuit.

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