logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.18 2015가단50476
배당이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Where the debtor raises an objection against the distribution schedule prepared in the distribution procedure on the legitimacy of the lawsuit of this case ex officio with regard to judgment on the legitimacy of the lawsuit of this case, the debtor who has raised an objection against the creditor who has no executory exemplification shall file a lawsuit of demurrer against distribution against the creditor, and the debtor who has raised an objection against the creditor who has an executory exemplification against the creditor who has an executory exemplification of executive titles

(Articles 256 and 154(1) and (2) of the Civil Execution Act. Therefore, in a case where a debtor raises an objection against a creditor who has an executory exemplification on the date of distribution, and thereafter files a lawsuit of demurrer against a distribution, not by filing a lawsuit of demurrer against the said creditor, the said lawsuit of demurrer against distribution is unlawful.

(1) In light of the purport of the entire pleadings, the defendant filed a lawsuit against the plaintiff for compensation of damages against the plaintiff on May 13, 2008 (see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). In light of the purport of the entire pleadings in the evidence Nos. 1, 2, and 3, the defendant filed a lawsuit against the plaintiff for compensation of damages against the plaintiff. The above court rendered a judgment against the plaintiff on May 13, 2008 that "the plaintiff shall pay to the defendant 5 million won and the amount calculated at the rate of 20% per annum from April 9, 2008 to the day of full payment." The above judgment was finalized on Aug. 8, 2008; the defendant, as the executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory executory power of the plaintiff.

2. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.

arrow