(영문) 대법원 2018.8.30.선고 2018다24813 판결

1. Where a debtor raises an objection against a distribution schedule prepared in the course of compulsory auction on real estate, the debtor who has raised an objection against a creditor who does not have an executory exemplification shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification shall file a lawsuit of objection against a claim (see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). Meanwhile, the debtor who has raised an objection against a creditor who has an executory title shall submit the evidentiary documents of objection, along with the evidentiary documents of filing a lawsuit of objection within one week from the date of distribution, to the execution court the certified copy of judgment on the suspension of execution based on such lawsuit. If the debtor does not submit any one of the above periods, the execution court shall make the distribution in accordance with the original distribution schedule, regardless of whether the debtor has filed a lawsuit of objection within the said period, and received a judgment on the suspension of execution thereafter (see, e.g., Supreme Court Decision 2011Da16592).

2. According to the reasoning of the judgment below and the record, the defendant applied for a compulsory auction on the apartment of this case owned by the plaintiff on the basis of a notarial deed, which is an executory title, and the procedure commenced, and the court of execution prepared a distribution schedule with the content of distributing the amount as decided to the defendant at the end of the above auction procedure, and the plaintiff appeared on the date of distribution and raised an objection against the whole amount of the defendant, and then

Examining such facts in light of the legal principles as seen earlier, as long as the Plaintiff raises an objection against the Defendant, a creditor who holds an executory exemplification as a debtor of the procedure for compulsory auction of this case, as a creditor who has an executory exemplification, and raises an objection to the distribution against the Defendant, the Plaintiff filed a lawsuit of demurrer against the distribution, and thus, the

Nevertheless, without dismissing the lawsuit of this case, the judgment of the court below which admitted the plaintiff's claim cannot avoid reversal as it is unlawful.

3. Therefore, the judgment of the court below is reversed, and this case is sufficient to be tried by this court, and the judgment of the court of first instance is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.