배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is the debtor of the auction case stated in the purport of the claim. The defendant is the creditor of the above auction case, who is a demand creditor by a judgment with executory power in the case of returning down payment (Seoul Eastern District Court 2013Kadan51484). The distribution schedule was prepared to receive 54,042,395 won including the amount repaid by the defendant even though the plaintiff's debt against the defendant was partially repaid, which should be corrected to 43,00,000 won.
2. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against the creditor who does not have an executory exemplification shall file a lawsuit of demurrer against distribution against the creditor, and the debtor who has raised an objection against the creditor who has an executory exemplification against the creditor who has an executory exemplification shall file a lawsuit of objection against the claim (Articles 256 and 154(1) and (2) of the Civil Execution Act). Even if following the plaintiff's assertion, the defendant is the creditor who has received a final judgment against the plaintiff, and the plaintiff is the creditor who has received a final judgment against the plaintiff, and thus, the plaintiff files a lawsuit of objection against the distribution amount
3. In conclusion, the plaintiff's lawsuit of this case is unlawful and dismissed. It is so decided as per Disposition.