1. The instant lawsuit shall be dismissed.

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

A creditor who has failed to lawfully demand a distribution does not have the right to attend the date of distribution and make an objection against a substantive objection against the distribution schedule, and even if such a person appeared on the date of distribution and raised an objection against the distribution schedule, this is merely an unlawful objection, and there is no standing to sue to file a lawsuit of demurrer against a distribution against such person.

The plaintiff asserts that since the plaintiff has preferential right to payment as a tenant of small amount of the real estate subject to auction in the auction auction case B real estate in this court, it should be distributed in preference to the defendant who is the mortgagee, but there is no evidence to prove that the plaintiff raised an objection against the legitimate demand for distribution or the distribution schedule until the end of the auction case.

Therefore, the plaintiff's lawsuit of this case is unlawful and dismissed.