A. In the distribution procedure of the voluntary auction case B of the Incheon Jung-gu Incheon District Court (hereinafter “instant auction case”), which was owned by the Plaintiff, the Defendant did not receive KRW 5,620,650, totaling KRW 362,30, health insurance premiums and unjust enrichment of KRW 5,258,350 on January 22, 2016, and KRW 5,620,650 on the same amount.

B. The completion date of the instant auction case was February 8, 2016.

C. On October 20, 2016, the above court: (a) issued the first priority order of KRW 1,264,70 among KRW 61,01,642, which is to be actually distributed on the date of distribution on the date of distribution; (b) Jung-gu Incheon Metropolitan City, which is the mortgagee; and (c) KRW 37,278,027,28,027, the second priority order of KRW 284,940, 73,490, 106,690,690, 106,690, 1,228,690, and KRW 690, each of which is to be distributed to the National Agricultural Cooperative, the mortgagee, the mortgagee-mortgage-mortgage-gu Incheon Metropolitan City, the Nam-gu Incheon Metropolitan City, the Incheon Metropolitan City, the Incheon Metropolitan City, the Incheon Metropolitan City, the Incheon Metropolitan City, the 5,620,650, and each of the distribution schedule (hereinafter referred to as “instant”).

On the date of distribution, the Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on October 25, 2016, which was seven days or less thereafter.

E. On March 3, 2017, the Plaintiff paid 362,300 won of the health insurance premium to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 7, 9, 10 evidence, Eul evidence 2 and 4, substantial facts in this court, the purport of the whole pleadings

2. The assertion and judgment

A. (i) The parties’ assertion (i) the unpaid health insurance premium, which is a claim claimed by the Plaintiff by the Defendant, was already distributed to the Defendant in the Seosan Branch D Real Estate Voluntary Auction Case (hereinafter “Prior Auction Case”). Even if not, the Plaintiff had to pay it to the Defendant on March 3, 2017.

In addition, the part of the defendant's demand for distribution as unjust enrichment.