1. The instant lawsuit shall be dismissed.

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

1. The gist of the plaintiff's assertion was on March 26, 1992, the plaintiff received a provisional attachment order (hereinafter "provisional attachment order of this case") against JJ 302 square meters (hereinafter "the land in this case") from the non-party I to receive the loan claim amounting to KRW 26 million against the non-party I. Although the plaintiff was notified that the provisional attachment of this case was revoked prior to the commencement of the compulsory auction procedure for the land in this case, he received a favorable judgment against the non-party I. Thus, the plaintiff asserts that he had the right to receive the dividend prior to the Defendants.

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

In order for a creditor to file a lawsuit of demurrer against distribution, his/her dividends should be increased if the objection is accepted, and therefore, the distribution of dividends to the defendant is unlawful.

Even if there is no increase in the amount to be distributed to the plaintiff due to such increase, such a cause may not be the ground for the lawsuit of demurrer against distribution seeking an increase in the amount of dividends.

(See Supreme Court Decision 92Da50270 delivered on January 25, 1994, etc.). Moreover, creditors who filed a request for auction by not later than the completion period of a request for distribution, creditors who made a request for distribution by not later than the completion period of a request for distribution, creditors who registered prior to the registration of the first decision on commencement of distribution, provisional seizure creditors, right to lease on a deposit basis, and other right to preferential reimbursement registered prior to the registration of the first decision on commencement of distribution, and who has become extinguished by sale, may receive dividends in the distribution procedure (see Articles 268 and 148 of the Civil Execution Act). In this context, “creditor who made a request for distribution by not later than the completion period of a request for distribution” is limited to creditors who can make a demand for distribution in the auction procedure, namely, creditors who have an executory exemplification, creditors who made a provisional seizure after the registration of the decision on commencement of auction, creditors who have the right to claim preferential reimbursement under the Civil Act and other Acts