1. The instant lawsuit shall be dismissed.

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

1. We examine, ex officio, the legitimacy of the instant lawsuit.

According to Article 154(3) of the Civil Execution Act, a lawsuit of demurrer against distribution shall be filed within one week from the date of distribution on which an objection was raised, and if the court of execution fails to submit a document attesting the fact of filing the lawsuit to the court of execution within the above period, an objection shall be deemed to have been withdrawn. Thus, regarding the case of auction of real estate B by the Seoul Western District Court, the fact that the said court prepared a distribution schedule on July 31, 2015 can be recognized. Since it is apparent that the lawsuit of demurrer against distribution was filed on December 17, 2015, the lawsuit of demurrer against distribution in this case is unlawful since the lawsuit of this case

(A) On August 6, 2015, the Plaintiff filed a lawsuit of demurrer against distribution with this court as 2015Da126545 on August 6, 2015, but was deemed to have been withdrawn due to the Plaintiff’s failure to appear due to the Plaintiff’s circumstance, and thus, received a second complaint due to error in the litigation court’s duties and thus, the Plaintiff was not negligent. However, pursuant to Article 158 of the Civil Execution Act, the Plaintiff, who filed a lawsuit of demurrer against distribution, did not appear on the first date for pleading, shall be deemed to have withdrawn the lawsuit, and there is no circumstance that cannot be attributable to the Plaintiff’s fault

2. Conclusion, the instant lawsuit is unlawful and dismissed.