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(영문) 창원지방법원진주지원 2020.11.10 2020가단35140
배당이의
Text

Of the distribution schedule prepared on May 25, 2020 with respect to the case of the request for the auction of real estate C by this Court, the defendant is the defendant.

Reasons

According to the entirety of the statements and arguments by Gap evidence Nos. 1, 2, 3, and 5 (including the provisional attachment number) and the whole purport of the arguments, the defendant is found to have failed to file an application withdrawal and cancellation of execution with the Changwon District Court 2017Kadan595, Changwon District Court 2017Kadan595, and filed an application for the withdrawal and cancellation of execution with respect to the area of 462m2 square meters in Eincheon-si, which was divided after the provisional attachment order of the above real estate was issued. Accordingly, in this case of the auction of real estate C in the court of this case, this court prepared a distribution schedule with the purport of distributing the amount of 3rd,182,964 won to the defendant, who is the provisional attachment authority following the provisional attachment order of the above real estate on May 25, 2020 (hereinafter referred to as the "distribution schedule of this case"), and the plaintiff (owner) present on the distribution date and raised an objection against the whole amount of dividends by the defendant.

According to the above facts, 8,182,964 won should be deleted from the dividend table of this case against the defendant.

However, if a debtor or owner won a lawsuit of demurrer in a lawsuit of demurrer against distribution, the court of execution shall change the distribution schedule for the sake of a creditor who has not raised any objection against the said part (see, e.g., Supreme Court Decisions 268 and 161(2)2 of the Civil Execution Act), and D Co., Ltd. (owner) also filed a lawsuit of demurrer against distribution under 2020Da35096 of the court of this case, it is obvious to the court of this case. Therefore, it is reasonable to order the revocation of the distribution of dividends against the defendant among the distribution schedule of this case, and to re-establish the distribution schedule for additional distribution in proportion to the claims order and the claims amount of

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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