The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

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

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of demurrer against a claim (Articles 256 and 154(1) and (2) of the Civil Execution Act), and the lawsuit of demurrer against a creditor who has an executory exemplification of executive titles is unlawful.

(2) On April 14, 2005, the Plaintiff filed a lawsuit of demurrer against the Defendants (see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). The Plaintiff asserted that “the Defendant was transferred to Nonparty E’s claim and received dividends as stated in the written recommendation for compromise, but the Plaintiff’s claim against the Plaintiff was nonexistent.” As to the instant case where the Plaintiff filed a lawsuit of demurrer against the Defendants, the Plaintiff, the obligor of the said distribution procedure, raises an objection to the distribution against the Defendants, who are creditors with the executory exemplification of the executory title. Therefore, the Plaintiff filed a lawsuit of demurrer against the Defendants, and thus, the Plaintiff’s lawsuit of demurrer against the Defendants is unlawful. The instant lawsuit against the Defendants is dismissed. It is so decided as per Disposition