1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. D was declared bankrupt on May 20, 2019 by Seoul Rehabilitation Court 2019Hadan1033, and the bankruptcy trustee was appointed.

B. In the case of compulsory auction of real estate C (hereinafter “instant compulsory execution”) against the debtor D, the auction court prepared a distribution schedule with the content that the amount of 26,776,705 won to the plaintiff, who is the creditor, among the amount of 280,81,260 won to be actually distributed on October 29, 2019, and distributed the amount of 26,776,705 won to the trustee in bankruptcy, and the defendant, who is the mortgagee, is distributed the amount of 200,000,000 won to the defendant. The plaintiff appeared on the said distribution date, and raised an objection against the total amount of dividends to the defendant, and filed a lawsuit of demurrer to the distribution of this case on November 3, 2019

[Ground of recognition] Facts without dispute, entry of Gap 1 through 2, purport of the whole pleadings

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

A. The bankruptcy procedure is a comprehensive compulsory execution procedure for all creditors; when the bankruptcy procedure commences, all assets held by the debtor at the time of the declaration of bankruptcy belong to the bankrupt estate in principle (Article 382 of the Debtor Rehabilitation Act); and the bankruptcy creditors are prohibited from exercising their individual rights by the declaration of bankruptcy; thus, only participating in the bankruptcy procedure and obtain satisfaction (Articles 423 and 424 of the Debtor Rehabilitation Act); and any compulsory execution and any preservative measure taken against the assets that belong to the bankrupt estate based on the bankruptcy claim are invalidated (Article 348(1) of the Debtor Rehabilitation Act).

On May 20, 2019, after the debtor D was declared bankrupt on May 20, 2019, the auction court prepared a distribution schedule with the content that the amount of dividends to the plaintiff was delivered to the trustee in bankruptcy on October 29, 2019. As seen earlier, the debtor D, in principle, belongs to the bankruptcy estate, and the execution of this case was invalidated.

Since the above declaration of bankruptcy prohibits individual exercise of rights by creditors, D's creditor is prohibited.