1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff asserted that D’s corporeal movables were seized under the title of the judgment of the Gwangju District Court in 2017Kadan2197, the title of the judgment of the Gwangju District Court in Mapo-Gapo-2017. The Defendant asserted that a notary public had a claim for a loan of KRW 30 million against D based on the No. 351 of the Newcheon-year Loan Agreement No. 351 of 2014. The Defendant seized the said D’s corporeal movables as the Gwangju District Court’s Mapo-Gapo-20183 for the said corporeal movables attached by the Plaintiff.

On January 3, 2018, Gwangju District Court rendered a dividend statement of the amount of KRW 19,002,880 to be distributed to the Plaintiff on January 19, 2018, which is the date of consultation on the distribution of the said corporeal movables, as of January 3, 2018, with respect to the Plaintiff’s dividends of KRW 9,284,130, and KRW 9,718,750 to the Defendant.

However, in calculating the amount of the Plaintiff’s claim, KRW 2,314,383 was omitted in total, and the Defendant’s claim against KRW 30 million was false.

Therefore, the amount of dividends against the plaintiff among the dividend statements for the cases of compulsory execution of corporeal movables in the above enforcement office No. 2017No. 973 should be KRW 9,284,130 against the plaintiff, and KRW 9,718,750 against the defendant should be corrected as KRW 00.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A lawsuit of demurrer against distribution is a lawsuit demanding the alteration of the distribution schedule prepared by the distribution court by the creditors, etc. who appeared on the date of distribution and raised an objection against the distribution schedule as the defendant, and the creditor, etc. who failed to present on the date of distribution and state an objection against the distribution schedule, may not be qualified as the party who has filed a lawsuit of demurrer against

On the other hand, in the auction procedure for corporeal movables, if the agreement on distribution is not reached on the date of the consultation on distribution, the execution officer shall deposit the proceeds of sale and report the reason thereof to the execution court (Article 222(1) and (3) of the Civil Execution Act).