1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment and the reasoning of the judgment by the court on this part of the parties are as follows: (a) the relevant part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the grounds of the judgment of the court of first instance (2-5 "1. Basic Facts" and "2. The parties' assertion

2. Determination

A. A lawsuit of demurrer against a distribution filed by a creditor of the relevant legal doctrine is to resolve a dispute surrounding the amount of distribution among creditors who are the opposing parties, and the judgment of the lawsuit should be the alteration of the ownership of the portion of distribution in comparison with the creditors who are the original and the defendant.

Therefore, in cases where it is deemed that there is no claim of the defendant, it is unnecessary to consider the claim of other creditors who did not raise an objection when calculating the amount of distribution that reverts to the plaintiff among the dispute distribution portion, and as such, the claim is sought within the limit of the claim amount of the plaintiff's claim, it is reasonable to maintain the remainder as the amount of distribution of the defendant.

(See Supreme Court Decision 98Da3818 delivered on May 22, 1998). Such an objection does not change solely because there is a prior obligee than the Plaintiff among other creditors who did not raise an objection.

(See Supreme Court Decision 200Da41844 Decided February 9, 2001, etc.). Meanwhile, a creditor may raise an objection against other creditors only to the extent relating to his/her own interests, to the order of his/her claims or claims (Article 151(3) of the Civil Execution Act). Thus, in order to win a lawsuit of demurrer to distribution filed by a creditor, it is sufficient to assert and prove that there is no claim of the Defendant, and to the effect that the Plaintiff has the right to receive dividends from the amount distributed to the Defendant by himself/herself.

(see, e.g., Supreme Court Decision 2014Da53790, Apr. 23, 2015). (B)

First, the existence and scope of the defendant's claim is one of the case.