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(영문) 서울중앙지방법원 2019.11.29 2019가합557025
배당이의
Text

1. The instant lawsuit was concluded on October 25, 2019 as deemed withdrawal of the lawsuit.

2. The costs of lawsuit incurred after the completion of the lawsuit.

Reasons

We examine ex officio the termination of the instant lawsuit.

Article 158 of the Civil Execution Act provides that when a person who has raised an objection to a distribution schedule fails to appear on the first date for pleading of a lawsuit of demurrer against distribution, the revocation of the lawsuit shall be deemed to have been made. Since the fact that the Plaintiff was not present on the first date for pleading of this case, which was held on October 25, 2019, after filing a lawsuit of demurrer against the Defendant against the distribution, and received legitimate notification, is apparent in the record, the lawsuit of this case was concluded as withdrawal of the lawsuit on October 25, 2019.

This Court decides to declare the termination of the lawsuit in order to clarify the termination of the lawsuit in this case. It is so decided as per Disposition.

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