1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

1. Judgment as to the primary cause of claim

A. The procedure for distributing the distribution of the real estate auction case B by the Incheon District Court as to the Plaintiff’s claim No. 102 of the first floor C (hereinafter “instant housing”) is a serious procedural defect in the progress, despite the absence of the grounds for non-permission of sale due to the public notice of the illegal auction date, and thus, should be revoked.

B. We examine the judgment, and the lawsuit of formation aiming at forming the effect of forming a change in existing legal relations is recognized only where the law explicitly provides for the effect of forming a change in existing legal relations, and in the absence of legal grounds, it cannot be permitted

(See Supreme Court Decision 92Da35462 delivered on September 14, 1993). In addition, in a case where intending to seek revocation of compulsory execution on the grounds of defects in the procedure of execution, it prohibits future enforcement and at the same time cancels the existing execution disposition. Thus, the enforcement agency may not immediately seek revocation by a lawsuit against the court, which is a litigation institution, without seeking an objection or revocation as to the enforcement agency.

However, the Plaintiff sought revocation of the entire distribution procedure that had already been made up of the distribution schedule on the ground that there were procedural defects in the auction procedure of this case. The above claim is a formative action. Even if it is assumed that some defects, such as the announcement of the auction date, in the auction procedure of this case, exist, as alleged by the Plaintiff, even if there were some defects, such as the illegality of the announcement of the auction date in the auction procedure of this case, the original claim of the Plaintiff is unlawful, since there is no legal ground for seeking revocation of the entire distribution procedure by means of lawsuit to the court of lawsuit

2. Judgment on the conjunctive cause of claim

A. The Plaintiff asserted that the Plaintiff had already been transferred to the instant house on September 27, 2012, which was prior to the decision to commence voluntary auction of the instant case, but the move-in report was made.