1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On September 18, 2014, with respect to subparagraph B, as to subparagraph 9, Dong 501 of Eunpyeong-gu Seoul Metropolitan Government C apartment No. 9, Dong 501 (hereinafter “instant auction procedure”), the Seoul Western District Court A, and the above court (hereinafter “execution court”) determined and publicly announced the completion period to demand distribution of the instant auction procedure as of November 24, 2014, and the Plaintiff acquired the claim and collateral security against B from the National Bank, and completed the creditor’s report on the change of the above court on December 29, 2014.

B. On July 10, 2015, the Defendant filed an application with the executing court for a re-designation of the completion period to allow participation in the auction procedure in the instant case, since it was impossible for the Defendant to exercise his right due to the rehabilitation procedure B to the executing court on July 10, 2015, and after the rehabilitation procedure was abolished, the instant decision was rendered by changing the completion period to July 31, 2015 for the demand for distribution of the instant auction procedure.

C. However, it is evident that the Defendant’s failure to observe the completion period for the demand for distribution is attributable to the Defendant, and the instant decision is unreasonable in light of the following: (a) the period not complying with the completion period for the demand for distribution is a prolonged period exceeding eight months; and (b) the overall circumstances

Therefore, the defendant's demand for distribution, which was made during the period of the completion of the demand for distribution extended based on the decision of this case, is unlawful.

2. The decision to change the completion period to demand a distribution under Article 84(6) of the Civil Execution Act is a judgment on the execution procedure by the execution court, which is not subject to an immediate appeal, and may be contested by an objection against the execution to the court (Article 16(1) of the Civil Execution Act). However, insofar as the decision to change the completion period to demand a distribution is not revoked through such procedures, the said decision and the auction procedure based on it shall be conducted.