1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

ex officio, we examine the legitimacy of the instant lawsuit.

A person standing to sue in a lawsuit of demurrer against distribution is limited to a creditor or debtor who has appeared on the date of distribution on the date of distribution and raised an objection under the substantive nature on the distribution schedule, and in order for a creditor to be present on the date of distribution and file an objection on the distribution schedule, the said creditor is not sufficient to have been the creditor against the executory debtor under substantive law, and has lawfully made a demand for distribution by the deadline for the completion of the demand for distribution. The creditor who has not lawfully made a demand for distribution does not have the right to make an objection under the substantive nature on the distribution schedule, and even if he was present on the date of distribution and raised an objection against the distribution schedule, even if he did not have the right to file

(See Supreme Court Decision 2001Da63155 Decided September 4, 2002, and Supreme Court Decision 2003Da27696 Decided August 22, 2003, etc.). The fact that the Plaintiff alleged as a lessee of a lease deposit did not demand a distribution by the deadline for demanding a distribution of the distribution procedure of the instant case is either not disputed between the parties, or it is acknowledged by the overall purport of the entries and arguments as stated in the evidence No. 1, No. 5-2, and evidence No. 5-2 (the Plaintiff alleged that he did not demand a distribution by the reason that the Plaintiff was not served, but no evidence exists to acknowledge it). As such, insofar as the Plaintiff did not make a lawful demand for distribution, the Plaintiff stated an objection against the part of the amount distributed to the Defendant on the date of distribution.

Even if this is an unlawful objection against a person who does not have the right to file an objection under the substantive nature of the distribution schedule, the plaintiff has no standing to sue to file a lawsuit of demurrer against distribution.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.