1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s ground for the instant lawsuit is as follows: (a) even though the Plaintiff did not borrow money from the Defendant, the Defendant received a judgment from the Plaintiff and applied for a compulsory auction on the Plaintiff’s real estate, thereby receiving KRW 8,548,205 as a dividend; (b) thus, the Defendant’s deletion of the amount of dividend and distribution of the money to the Plaintiff should be corrected as indicated in the purport of the claim.

However, in a case where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against a creditor who does not have an executory exemplification, shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification shall file a lawsuit of objection against a claim (Articles 256 and 154(1) and (2) of the Civil Execution Act), and the lawsuit of objection against a creditor who has an executory exemplification, not a lawsuit of objection against a claim against a creditor who has an executory exemplification

The debtor who has raised an objection against a creditor with executive title, within one week from the date of distribution, shall submit the evidentiary documents of filing a lawsuit of demurrer, as well as the authentic copy of a judgment of suspending execution based on such lawsuit to the court of execution. If the debtor fails to submit any of such documents, the court of execution shall make the distribution to the creditor according to the original distribution schedule regardless of whether the debtor has filed a lawsuit of objection within the said period and received the judgment of suspending execution following

(See Supreme Court Decision 2004Da72464 Decided April 14, 2005, and Supreme Court Decision 2011Da16592 Decided May 26, 201, etc.). According to each of the evidence No. 16-1 and evidence No. 16-2, the Plaintiff is a debtor and owner of a real estate B real estate compulsory auction case in Suwon District Court, and the Defendant is a creditor against the Plaintiff, as the creditor against the Plaintiff.