1. The instant lawsuit shall be dismissed.

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

The plaintiff's assertion is as shown in the annexed sheet of grounds for claim.

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

In case where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim (Articles 256 and 154(1) and (2) of the Civil Execution Act). As such, the filing of a lawsuit of demurrer against a creditor who has an executory exemplification of a claim, not a lawsuit

(See Supreme Court Decision 2004Da72464 Decided April 14, 2005). The defendant demanded a distribution order with the Suwon District Court 2015Hu8588 as the executive title, and the execution court prepared a distribution schedule with the content that distributes 63,726,695 won to the defendant (person entitled to demand a distribution).

(A) At the auction for exercising a security right, the owner of the subject matter of auction is included in the debtor, and the plaintiff is the debtor as the right holder of the sold real estate (Evidence A 1), and the plaintiff as the debtor of the above auction procedure raises an objection to the distribution of dividends to the defendant, who is the creditor holding an executory title, who is the debtor of the above auction procedure. Thus, even though the plaintiff files a lawsuit of demurrer against the defendant, the lawsuit of demurrer against the objection against the distribution of this case is unlawful.

Therefore, the instant lawsuit is dismissed.