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.

The plaintiff received a distribution on the date of distribution of B real estate auction procedure, and among the real estate sold in the above real estate auction procedure, the share of 21.78/109 shares in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 18, and 21.78/109 shares in D large 45 square meters is only registered in the name of the registration on the real estate register, but it does not actually belong to the plaintiff. Thus, the defendant asserted that the distribution received from the proceeds of sale of each of the above real estate is unlawful, and filed a lawsuit of demurrer against the defendant.

Where the debtor raises an objection against the distribution schedule prepared in the distribution procedure, the debtor who has raised an objection against the creditor who has an executory exemplification of executive titles shall file a lawsuit of objection (Articles 256 and 154(1) and (2) of the Civil Execution Act), and the lawsuit of demurrer against the distribution filed against the creditor who has an executory exemplification of executive titles is deemed unlawful (see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). In full view of the overall purport of pleadings as indicated in each of subparagraphs 2 through 7, the plaintiff, the debtor of the distribution procedure, raises an objection against the distribution against the defendant, who is the creditor with an executory exemplification of executive titles, and thus, the lawsuit of objection against the defendant is unlawful.

Therefore, since the plaintiff's lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.