1. The instant lawsuit shall be dismissed.

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

We examine the legitimacy of the instant lawsuit.

The Plaintiff received KRW 4,166,391 on the date of distribution of the procedure for compulsory auction of real estate C in Changwon District Court (Seoul District Court Decision 2004Gau4399) against the Plaintiff. Since there is no claim against the Defendant against the Plaintiff, the Plaintiff asserted that the distribution against the Defendant is unreasonable, and filed a lawsuit of demurrer against the Defendant against the distribution against the Defendant.

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedure, a debtor who has raised an objection against a creditor who has an executory exemplification of a claim shall file a lawsuit of demurrer against a creditor (Articles 256 and 154(1) and (2) of the Civil Execution Act), and the lawsuit of demurrer against a creditor who has an executory exemplification is deemed unlawful (see, e.g., Supreme Court Decision 2004Da72464, Apr. 14, 2005). Since the plaintiff, the debtor of the distribution procedure, raises an objection against the distribution against the defendant, who is the creditor having an executory exemplification of the executory exemplification, the plaintiff, as the debtor of the distribution procedure, files a lawsuit of objection against the defendant, and thus, the lawsuit of objection against a distribution is unlawful.

Therefore, the instant lawsuit is dismissed.