1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. On August 30, 2018, in the Suwon District Court DD (hereinafter “instant case”), the same court drafted a distribution schedule stating that the Plaintiff of the instant case distributes KRW 10,193,216 to the Plaintiff of the instant case among KRW 61,72,730, the amount to be distributed out of KRW 63,854,080, the sales price for corporeal movables owned by F, a debtor of the instant case, a stock company, the debtor of the instant case, i.e., the instant case, e., KRW 61,72,730, excluding enforcement costs.

B. However, the defendant is the most recent creditor against F Co., Ltd. and does not have any claim against F Co., Ltd.

C. Therefore, in the instant case, KRW 51,529,514, out of the dividend table prepared by the said court in the instant case, should be revised to KRW 0,00, and KRW 10,193,216, the dividend amount to the Plaintiff, and KRW 61,72,730, respectively.

2. We examine ex officio the legitimacy of the instant lawsuit.

A lawsuit of demurrer against distribution is seeking the alteration of the distribution schedule or the preparation of a new distribution schedule in order to make the distribution distributed to himself/herself by reducing the amount distributed to him/her by a person who is recorded on the distribution schedule. In order for the creditor to file a lawsuit of demurrer against distribution, his/her dividends should be increased if the objection is admitted. Furthermore, a person qualified as a party to the distribution is the creditor or debtor who has raised an objection as to the distribution schedule, and among them, only the creditor who has attended on the date of distribution and raised an objection is recognized as standing to sue (see, e.g., Supreme Court Decisions 2011Da48902, Sept. 29, 201; 201Da39215, Oct. 14, 201; 79Da1846, Jan. 27, 1981).

or the plaintiff.