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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on both arguments
A. In the instant case where there is no dispute between the parties as to the fact that the distribution schedule was prepared in the instant court C’s voluntary auction case on October 15, 2015, the Plaintiff asserted as stated in the grounds for the instant claim in the attached Form No. 1 as the grounds for the instant claim, and asserted that the Defendants asserted that the Plaintiff’s objection to the distribution of the instant case, which did not demand a distribution by the deadline for the completion of the demand for distribution, was unlawful.
B. As alleged by the Defendants, “A person standing to sue a lawsuit of demurrer against distribution is limited to a creditor or debtor who has appeared on the date of distribution on the date of distribution and has raised an objection under the substantive nature as to the distribution schedule. However, in order for a creditor to appear on the date of distribution and raise an objection as to the distribution schedule, the creditor against the enforcement obligor under substantive law is insufficient, and the period for demanding distribution should have been lawfully demanded by the deadline for demanding distribution. A creditor who did not lawfully demand distribution does not have the right to appear on the date of distribution on the date of distribution and raise an objection under substantive nature as to the distribution schedule, and even if such person appeared on the date of distribution and raised an objection against the distribution schedule, this is merely an unlawful objection, and thus there is no standing to file a lawsuit of demurrer against distribution against such person (see, e.g., Supreme Court Decision 2003Da27696, Aug. 22, 2003
However, there is no dispute between the parties as to factual relations for which the plaintiff did not lawfully demand a distribution by the deadline for demanding a distribution, and thus, even if based on the facts constituting the cause of the claim in this case, standing to sue to file a lawsuit of demurrer against distribution against the plaintiff cannot be acknowledged against the plaintiff.
The other circumstances of the Plaintiff, including standing to sue, could not affect the requirements of the lawsuit in this case.