1. The instant lawsuit shall be dismissed.

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

1. We examine the legitimacy of the instant lawsuit of demurrer against the distribution ex officio.

A person who has standing to sue a lawsuit of demurrer against distribution shall be limited to the creditor or debtor who appeared on the date of distribution and stated an objection against the distribution schedule. However, at an auction to enforce the security right, the owner of the object of auction shall be included in the debtor of such period (see, e.g., Supreme Court Decision 2014Da53790, Apr. 23, 2015). According to the evidence No. 3, although the plaintiff appeared as a mortgagee on the date of distribution on October 22, 2019 of the Seoul Northern District Court C Real Estate Auction Case, the fact that the plaintiff appeared as a mortgagee on the date of distribution, it is recognized that each of the items of subparagraphs 4-1 and 2 are insufficient to recognize the fact that the plaintiff stated an objection against the distribution schedule on the said date of distribution, and there

Rather, according to Gap evidence No. 3, it is recognized that there is no indication that the plaintiff made an objection against the distribution schedule in the above real estate auction case.

Therefore, the instant lawsuit of demurrer against distribution is unlawful as it was filed by a person who has no standing to sue.

2. As such, the instant lawsuit is unlawful and thus dismissed.