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The judgment of the first instance is revoked.
The instant lawsuit is dismissed.
All costs of litigation shall be borne by the plaintiff.
the purport and purpose of the claim;
Reasons
1. The reasoning for this part of the basic facts is as stated in the judgment of the court of first instance, which is the same as that of “1. Basic Facts,” and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
In a case where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against a creditor who does not have an executory exemplification of the source of execution right shall file a lawsuit of objection against a distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of the source of execution right shall file a lawsuit of objection against a claim (Article 154(1) and (2) of the Civil Execution Act). If the debtor who has raised an objection against the creditor who has an executory exemplification of the source of execution right files a lawsuit of objection against a claim, not a lawsuit of objection against a claim, but a lawsuit of objection against a distribution, the lawsuit shall be dismissed as it is impossible to satisfy the requirements for the lawsuit (see Supreme Court Decision 2004Da72464, Apr. 14, 2005, etc.). The fact that the defendant is a creditor who has received a distribution based on the payment order of this case, which is an executory title of the defendant, was acknowledged earlier.
Therefore, the lawsuit of this case is an incidental law.
3. Thus, the lawsuit of this case shall be dismissed, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, and it is so decided as per Disposition.