배당이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. We examine the legitimacy of the instant lawsuit of demurrer against the distribution ex officio.
A person standing to sue in a lawsuit of demurrer against distribution shall be limited to the creditor or debtor who appeared on the date of distribution and stated an objection against the distribution schedule. However, at an auction to enforce the security right, the owner of the object of auction shall be included in the said debtor (see, e.g., Supreme Court Decision 2014Da53790, Apr. 23, 2015). Although the court recommended that the Plaintiff submit a certified copy of the protocol of distribution on April 21, 2020, the Plaintiff was served with the said recommendation on April 24, 202, and the Plaintiff did not submit materials attesting the fact that the Plaintiff raised an objection against the distribution schedule on the said date of distribution until the date of closing argument, and was not present on July 10, 2020.
Therefore, the instant lawsuit cannot be acknowledged as being a party to the Plaintiff, and is unlawful.
2. As such, the instant lawsuit is unlawful and thus dismissed.