The instant lawsuit is dismissed.

Of the costs of lawsuit, the supplementary intervenor shall bear the part concerning the participation of the plaintiff.

1. Basic facts

A. F is the owner of the Seo-gu Daejeon District and the multi-family house with the fourth floor above that ground (hereinafter “each of the instant real estate”).

B. The Plaintiff, a creditor of F, filed an application for a compulsory auction on each of the instant real estate, and the auction procedure (hereinafter “instant auction procedure”) was commenced under the Daejeon District Court D and E (Dupl). On May 14, 2019, Daejeon District Court prepared a distribution schedule with the content that the Plaintiff distributes KRW 20 million to the Defendant, a lessee, and KRW 0 to the Plaintiff on the date of distribution of the said auction procedure.

C. On the date of distribution, the Plaintiff stated an objection against the Defendant regarding the dividend amount of KRW 20 million, and filed the instant lawsuit on May 20, 2019.

On the other hand, on January 21, 2020, F was declared bankrupt by Daejeon District Court 2019Hadan10417, and the bankruptcy trustee was appointed.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

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

A. The bankruptcy procedure is a comprehensive compulsory execution procedure for all creditors, and any property held at the time the debtor is declared bankrupt, in principle, belongs to the bankrupt estate.

[The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

Article 382 [Article 382] Where real estate owned by a debtor was sold through an auction procedure, but an objection was raised on the distribution schedule prepared on the date of distribution, and a bankruptcy was declared among bankruptcy creditors with respect to the debtor while the lawsuit of demurrer against distribution continues, the dividend subject to the lawsuit of demurrer against distribution belongs to the bankrupt estate immediately when the bankruptcy is declared, regardless of the outcome of the lawsuit of demurrer against distribution, and belongs to the bankruptcy trustee (Article 384 of the Debtor Rehabilitation Act), and the bankruptcy creditor is prohibited from exercising their individual rights by the declaration of bankruptcy.