1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.

(Articles 256 and 154(1) and (2) of the Civil Execution Act. If a debtor who has raised an objection against a creditor who has an executory exemplification of executive titles files a lawsuit of demurrer against distribution, not a lawsuit of demurrer against a claim, the said lawsuit shall be dismissed on the ground that it does not meet the requirements for lawsuit,

(1) In light of the above legal principles, the defendant applied for a payment order against the plaintiff and his spouse D as the early branch court of Chuncheon District Court of 2009j411 on May 19, 2009, "the plaintiff and D jointly and severally pay 10,000,000 won to the defendant and its 30% amount per annum from March 27, 2008 to the date of full payment." In light of the above legal principles, the defendant received a payment order from the court of 2004Da7264 on June 19, 2009, and the above payment order was issued on July 28, 2009, based on the above facts that the plaintiff received the provisional attachment order from the court of 209, the provisional attachment order from the court of 209 to the date of full payment, and the defendant applied for the provisional attachment order from the court of 209 to the date of 30% of the above provisional attachment order from the court of 209.5.29