beta
Text
The plaintiff's lawsuit against defendant E is dismissed.
2.Procedure for the F Distribution of the Suwon District Court’s Branch.
Reasons
1. Basic facts
A. Under the distribution procedure for the distribution of the deposit money deposited under the jurisdiction of the Suwon District Court 2019Hun168 (hereinafter “instant distribution procedure”), the Korea Environment Corporation, the Plaintiff, Defendant E, and Nonparty H as the person who was deposited the said money (hereinafter “instant deposit”), the court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the amount of KRW 534,00,555 to be actually distributed on April 3, 2019, the date of distribution, as follows:
15,340,709, G Co., Ltd. (Withdrawal of Lawsuit) 1, 25,04,803,535 Defendant C1, Defendant D1, (U.S. District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2018,31927), 47,233,557 Defendant D1, the person holding the right to collect (U.S. Branch Branch Branch Branch Branch Branch Branch Decision 2019, 30170), 13,468,516, 649, the sum of Defendant E-1, the person holding the right to collect (U.S. Branch Branch Branch Branch Branch Branch Branch Branch Decision 2019,105,102529, 305, 537, 557, 57, 5799)
B. On the date of the above distribution, the Plaintiff appeared in the capacity of the debtor, and raised an objection against the whole amount of the dividend to the Defendants, and filed the instant lawsuit on April 8, 2019, within seven days thereafter.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 18, the purport of the whole pleadings
2. Of the instant lawsuit, the formative lawsuit aimed at forming an ex officio judgment on the claim against Defendant E with the aim of forming a change in the existing legal relationship is recognized only when there is a express provision in the law, and in the absence of legal grounds, it shall not be permitted.
(see, e.g., Supreme Court Decisions 92Da35462, Sept. 14, 1993; 2000Da45020, Jan. 16, 2001). In contrast, a lawsuit of demurrer against distribution is to reduce the dividend amount of a person who is recorded in the distribution schedule to whom the distribution is distributed, so that it can be distributed to him/her.