The plaintiff's lawsuit of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is an owner who holds concurrent office as an obligor of real estate subject to auction in the Dong Government District Court Goyang Branch C and D (Dual) Real Estate Compulsory Auction Case (hereinafter “instant Real Estate Compulsory Auction Case”).

B. The Defendant filed with the Plaintiff an application for the distribution of the instant real estate compulsory auction case with a claim based on the judgment on the claim for the purchase price of goods in accordance with the Busan District Court Branch Decision 2017Gahap102759 (hereinafter “instant decision”).

C. In the instant real estate compulsory auction case, the dividend amount to the Defendant was set up as KRW 166,548,873.

On April 24, 2020, the Plaintiff raised an objection against the total amount of dividends against the Defendant on the date of distribution of the real estate auction case of this case opened on April 24, 2020, and filed a lawsuit of demurrer against distribution on April 29, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and Eul evidence 2, the purport of the whole pleadings

2. Determination

A. Where a debtor raises an objection against a distribution schedule prepared in the relevant legal principles procedures, the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim, and filing a lawsuit of demurrer against a distribution is unlawful.

(See Supreme Court Decision 2004Da72464 Decided April 14, 2005).B.

Judgment

Considering the legal principles related to the above facts, the Plaintiff, who is concurrently the debtor of the auction real estate, filed a lawsuit of demurrer against the Defendant with an executory exemplification of executive titles. However, the Plaintiff filed a lawsuit of demurrer against the distribution. Thus, the Plaintiff’s lawsuit of this case is unlawful.

3. Accordingly, we decide to dismiss the Plaintiff’s lawsuit of this case and decide as per Disposition.

The plaintiff has filed an application for resumption of pleadings with respect to the defendant to change the lawsuit of demurrer against the distribution to the lawsuit of demurrer against the distribution and add the claim for return of unjust enrichment.