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 cause of the instant claim. Since the proceeds from the sale of the real estate auction case B in Daegu District Court from the criminal act in which the competent court participated, the Plaintiff asserts that the entire amount should be confiscated in accordance with due process by a judge and a prosecutor’s ex officio exercise and should be incorporated into the National Treasury, and that the said real estate auction case should be invalidated, and that the Defendant demanded the payment of any dividend on the proceeds from the sale.

2. Determination: A person who is standing to sue a lawsuit of demurrer against distribution shall appear on the date of distribution and raise an objection on the date of distribution, and in order for a creditor to be present on the date of distribution to raise an objection on the date of distribution and to apply for an objection on the substantive matters concerning the distribution schedule, the creditor who is an executory debtor under the substantive law is insufficient to have made a lawful demand for distribution by the deadline for the completion of the demand for distribution. The creditor who did not lawfully demand for distribution does not have the authority to raise an objection on the distribution schedule, and even if such person appeared on the date of distribution and raised an objection on the date of distribution, it is unreasonable to have raised an objection against the distribution schedule, and there is no standing to sue to file a lawsuit of demurrer against distribution.

(See Supreme Court Decision 2003Da27696 Decided August 22, 2003, and Supreme Court Decision 2001Da63155 Decided September 4, 2002). The Plaintiff asserted as a result of the said objection to a distribution that the Plaintiff has a benefit of preventing the Plaintiff from committing a tort by the bank, asset management corporation, and hearing employees, but this is merely a general and abstract interest and cannot be said to be a specific and legal interest.

Therefore, even if the plaintiff appeared on the date of distribution of the above auction procedure and raised an objection against the distribution schedule, it is unlawful to raise an objection, and accordingly, the lawsuit of demurrer against the distribution of this case raised by the plaintiff.