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(영문) 수원지방법원여주지원 2015.06.11 2014가합2906
배당이의
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Preparation of the instant distribution schedule and objection to the distribution;

A. The National Bank Co., Ltd. filed an application for voluntary auction on the G Apartment No. 101, No. 1207, 1207, etc., out of the Flcheon-si, Leecheon-si, as the court D, and received a decision to commence auction on June 9, 2010.

(hereinafter “instant auction procedure”). B.

Of KRW 6,047,434,721, the above auction court prepared a distribution schedule (hereinafter referred to as “instant distribution schedule”) stating that KRW 56,443,177 shall be distributed to E (A), 58,783,468, among the sales proceeds of the above apartment, etc. and the actual dividends of KRW 6,047,43,721, which shall be deducted from the auction costs, to E (B), to E (B), a creditor, mining comprehensive construction trustee, a mining comprehensive construction trustee, and KRW 41,481,371, which shall be distributed to E (C), and the plaintiff was present on the open distribution date on December 16, 2014, and raised an objection against each of the above dividends. On December 22, 2014, the plaintiff filed the instant lawsuit against the Defendants.

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 3, the purport of the whole pleadings

2. Determination as to the legitimacy of the main claim part of the lawsuit of this case

A. The Defendants alleged by the Plaintiff filed an application for double auction after the completion period to demand a distribution of the auction procedure of this case. Thus, even though they are not creditors entitled to receive a distribution under Article 148 subparag. 1 of the Civil Execution Act, the distribution schedule was prepared to distribute the same as the instant distribution schedule, and thus, the amount of dividends against the Defendants should be entirely deleted

B. A person standing to sue in a lawsuit of demurrer against distribution shall be limited to a creditor or debtor who has appeared on the date of distribution on the date of distribution and has raised an objection as to the distribution schedule, and in order for a creditor to appear on the date of distribution on the date of distribution and file an objection as to the distribution schedule, he/she is insufficient to be a creditor against an executory debtor under substantive law, and should have lawfully demanded a distribution by the deadline for the completion of the demand for distribution.

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