1. The instant lawsuit shall be dismissed.

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

In regard to the Plaintiff’s filing of a correction of the amount of distribution, as stated in the purport of the claim, by asserting that the Defendant’s right to collateral security was created for convenience in the course of real estate sale and thus null and void due to lack of secured claim, the Defendant has already completed the instant lawsuit and filed a defense prior

A lawsuit of demurrer against distribution is aimed at preventing other creditors from receiving the distribution in accordance with the distribution schedule and seeking the confirmation of the amount of distribution as alleged by the plaintiff. Thus, even if it was due to the error by the court of distribution of dividends, as long as the distribution has already been made and the distribution procedures have been completed, there is no profit to file

(See Supreme Court Decision 65Da647 Decided May 31, 1965). However, in the case of a real estate auction as stated in the purport of the claim, the fact that the distribution was completed on the date of distribution on April 13, 2017 in the real estate auction as indicated in the purport of the claim is significant in this court. As such, the Plaintiff’s receiving a remedy by other procedures is a separate issue, and the lawsuit of demurrer against distribution in this case is unlawful

Therefore, we decide to dismiss the instant lawsuit, and decide as per Disposition.