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(영문) 수원지방법원안양지원 2019.11.28 2018가합101814
배당이의
Text

1. The plaintiff's lawsuit against the defendant C is dismissed.

2. The plaintiff's defendant B limited liability company and the Korea Technology Finance Corporation.

Reasons

1. We examine whether the plaintiff's lawsuit against the defendant C is legitimate or not, ex officio, by examining the plaintiff's lawsuit against the defendant C.

A. In a case where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, a debtor who has raised an objection against a creditor who has an executory exemplification shall file a lawsuit of demurrer against a claim (Articles 256 and 154(1) and (2) of the Civil Execution Act). If a debtor who has raised an objection against a creditor who has an executory exemplification of executive titles files a lawsuit of demurrer against a distribution, not a lawsuit of demurrer against a claim, a lawsuit of demurrer against a creditor who has an executory exemplification is not a lawsuit of demurrer, the said lawsuit shall be dismissed on the ground that it does not meet the requirements for lawsuit (see, e.g., Supreme Court Decision 2004Da7264, Apr. 14, 2005). 2) Under Article 154 of the Civil Execution Act, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles (excluding provisional seizure holders) should file a lawsuit of demurrer against a distribution,

This requires the Civil Execution Act to deposit the amount of dividends to the creditor of provisional seizure in the distribution procedure, and when the reason for deposit has ceased to exist (when the creditor of provisional seizure acquires the executory judgment in the lawsuit on the merits of the case or any equivalent protocol of composition or other title of execution), deposit money shall be paid to the creditor of provisional seizure, or when the non-existence of the claim to preserve provisional seizure becomes final in the lawsuit on the merits of the case or when the execution of provisional seizure is cancelled due to revocation of the decision of provisional seizure, etc., the deposit money shall be additionally distributed to other creditors (Articles 160(1)2 and 161(1) and (2) of the Civil Execution Act). Thus, in order for the creditor of provisional seizure to receive the deposited dividends, an objection or revocation thereof shall be raised

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