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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant of this case and the purport of the claim (the scope of the trial)
A. The following facts are acknowledged according to the records of Gap evidence No. 10 and the records of this case.
1) On August 28, 2014, the Plaintiff appeared on the date of distribution of the voluntary auction case of real estate C with the Busan District Court Dong branch, Busan District Court, and stated that “The Plaintiff has an objection against the total amount of KRW 71,185,353 of dividends and KRW 71,185,354 of dividends of the Defendant with the right to demand distribution and KRW 71,354 of dividends of the Defendant with the right to demand distribution.” (ii) On September 4, 2014, the Plaintiff filed a lawsuit of demurrer against the Defendant, stating that “B” and “B” in the distribution schedule prepared by the said court on August 28, 2014 with respect to the voluntary auction case of real estate C with the Busan District Court Dong branch branch, the dividends against the Defendant are KRW 71,185,354 in the name of D, and KRW 71,185,354 in the name of B, KRW 717,000.”
3) The Plaintiff asserted in the preparatory document dated September 19, 2014, that “the purport of the claim and the cause of the claim are unclear, so it shall be corrected in conformity with the legal requirements,” and that “the Defendant specified as the Defendant shall be removed from the preparatory document as of September 19, 2014, the dividends of KRW 55,158,355, plus dividends of KRW 75,256,269, and dividends of KRW 67,114,447, which remains after deducting dividends of KRW 75,256,269,” from the preparatory document as of December 1, 2014, the Plaintiff asserted that “the dividends of Defendant B and D shall be distributed to the Plaintiff in all of them,” and that all of them shall be distributed to the Plaintiff.”
B. According to the Plaintiff’s complaint and the written brief dated September 19, 2014, the Defendant of the instant case is “B.” Although the Plaintiff asserted from the written brief dated December 1, 2014 to the Defendant of the instant lawsuit of demurrer against distribution to the effect that “D” is added, the Defendant’s addition under the Civil Procedure Act is an essential co-litigants under Article 68 of the Civil Procedure Act.