1. The counterclaim of this case shall be dismissed.

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

We examine ex officio the legitimacy of a counterclaim.

The counterclaim is based on the provisional attachment claim of KRW 19,150,000 against D, and the counterclaim was paid KRW 8,730,743 in the dividend procedure stated in the purport of the claim, but was paid in full from D, so the counterclaim was sought to correct the distribution schedule as stated in the purport of the claim.

However, a lawsuit of demurrer against distribution is a lawsuit demanding the alteration of the distribution schedule prepared by the distribution court against the creditor or debtor who appeared on the date of distribution and raised an objection against the distribution schedule as the defendant. The same applies to the case where the creditor or debtor who raised an objection only to the creditor or debtor present on the date of distribution and raised an objection, and standing to sue is recognized, and this is also the same to the case where a lawsuit of demurrer against distribution is brought against the other party as a counterclaim against the principal lawsuit of demurrer against distribution raised by the other party. Thus, the counter-resident voluntarily recognizes the fact that he did not state an objection against

Therefore, the counterclaim of the Lessee is unlawful, so it is decided as per Disposition by the assent of all participating Justices.