1. The instant lawsuit shall be dismissed.

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

With respect to this case, the benefit of lawsuit cannot be recognized.

The plaintiff's assertion is that the parties of this case failed to obtain the complete satisfaction of the claim as the third creditor of the auction procedure of this case, and then, as the defendant B, who is the creditor of provisional seizure, lost the lawsuit on the merits, the amount of dividends against the defendant B should be deleted from the distribution schedule of March 24, 2014, and should be distributed additionally to the plaintiff and the defendant B.

Plaintiff

Facts that are premised on the assertion are not disputed between the parties and recognized through evidence.

According to Article 161 of the Civil Execution Act, where a creditor of provisional seizure has lost all or part of the merits, additional dividends should be made for the deposit money against the creditor of provisional seizure.

A creditor who seeks additional dividends at this time may file an application for additional dividends when submitting the document concerning the relevant grounds with the court of execution, and may file a lawsuit of demurrer against distribution limited to the grounds which could not have been asserted on the previous date of distribution, when the additional distribution schedule was prepared in the relevant procedure.

(Article 161(4) of the Act. In this case, the Plaintiff filed a lawsuit of demurrer against distribution by filing a claim for objection against the distribution under the circumstances in which the distribution schedule in the additional distribution procedure is not prepared.

However, as mentioned above, the plaintiff can realize the cause of the claim of this case by filing an application for the additional distribution with the court of execution, and if there are grounds for objection to the additional distribution schedule to be prepared later, the plaintiff may file a lawsuit of demurrer against distribution. Therefore, at the present stage, there is no benefit to determine the merits of this case.

Therefore, the instant lawsuit is dismissed.