1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. The Defendants received a distribution in the auction procedure stated in the purport of the claim based on the original sentence of a provisional execution on the claim for damages claim filed against the Plaintiff, which was filed by the Suwon District Court, 2014Gahap484. The Plaintiff, the debtor, raised an objection on the date of distribution.

B. The Plaintiff filed an appeal against the judgment of the court of first instance on the claim for damages, and the part against the Plaintiff at the appellate trial against the Plaintiff is revoked. The Defendants already received dividends in the voluntary auction procedure for real estate owned by the Plaintiff’s joint and several liability, so the distribution schedule should be revised as stated in the purport of the claim.

2. We examine ex officio the lawfulness of the instant lawsuit.

In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure, the creditor himself/herself who has an executory exemplification of the executory title, i.e., the creditor who has raised an objection as to the existence of a claim or the scope of the claim, shall exclude the executory power of the executory title. As such, a lawsuit demanding an objection

(Article 154(2) of the Civil Execution Act. A judgment with a declaration of provisional execution may not file a lawsuit of demurrer against a claim unless the judgment becomes final and conclusive (Article 44(1) of the Civil Execution Act). However, an obligor may, by appeal, exclude the executory power of the judgment by disputing the existence or the scope of the claim and may receive a decision to suspend execution. As such, a lawsuit of demurrer against a judgment with a declaration of provisional execution cannot be brought, on the ground that an obligor cannot bring a lawsuit of demurrer against a creditor with the original copy of the judgment in order to challenge the existence

(see Supreme Court Decision 2013Da86403, Apr. 23, 2015). Accordingly, a claim against the Defendants, a creditor, who is an obligor, having an authentic copy of a judgment that declared a provisional execution, is against the said Defendants.