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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2019, the distribution schedule was formulated to distribute 62,064,183 won surplus to the Defendant, who is the owner of the above real estate, in the Seoul Western District Court C real estate auction (hereinafter “instant auction”) on the 5th floor E of Seodaemun-gu Seoul Western apartment (hereinafter “instant real estate”).
B. The Plaintiff appeared on the date of distribution of the instant auction procedure, and raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on May 9, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. As to the Plaintiff’s filing of a correction of the same distribution schedule as stated in the purport of the claim by asserting that KRW 62,064,183, which was distributed to the Defendant under the instant distribution schedule, as the lessee or purchaser of the instant real estate, should be distributed to the Plaintiff, the Defendant asserts that the Plaintiff did not have any right to the instant real estate and did not have any right to demand a distribution in the instant auction procedure, and that the instant lawsuit by the Plaintiff is unlawful.
A person standing to sue in a lawsuit of demurrer against distribution has been present on the date of distribution and raised an objection on the substantive basis of the distribution schedule, and in order for a creditor to be present on the date of distribution and to file an objection on the substantive basis of the distribution schedule, it is insufficient that he/she is a creditor against the executory obligor under the substantive law. The creditor who has not lawfully made a demand for distribution does not have the right to file an objection on the date of distribution, and even if such person appeared on the date of distribution and raised an objection on the date of distribution, he/she does not have the right to file an objection on the distribution schedule, and he/she does not have the right to file an objection on the distribution schedule.