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

A. The Plaintiff is an obligor and owner of the Dong Government District Court Goyang Branch G, H (Dual), and I (Dual) Real Estate Compulsory Auction Case (hereinafter “instant auction procedure”), and B is a creditor who has a claim against the Plaintiff based on the registration protocol (hereinafter “instant conciliation protocol”) signed on October 6, 2014 for the registration of transfer of ownership (No. 2014Gahap51862).

B. On November 24, 2016, the date of distribution of the instant auction procedure, distribution of KRW 748,219,170, which is the total amount of claim claims, to B, a creditor under the conciliation protocol, was made in the order of priority, and the distribution schedule was made that dividends of KRW 700,000 to the Plaintiff who is the debtor and the owner. The Plaintiff raised an objection against the total amount of claim and the amount of dividend in B.

C. Meanwhile, after the filing of the instant lawsuit, B died on May 19, 2017, and the Defendants succeeded to it.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion and B had the burden of one-half of the tax and public charges on the land relating to the sales contract and the cost of division. As of the end of December 2015, the sum of the Plaintiff’s assertion is KRW 397,187,640, and the amount to be borne by B is KRW 198,593,820.

However, by failing to pay B, F, a representative of the Plaintiff, paid the amount on behalf of the Plaintiff, and the Plaintiff received the claim for reimbursement from F, and offset it against B’s obligation on an equal basis.

Therefore, compulsory execution under the instant conciliation protocol shall be denied with respect to the portion exceeding KRW 549,625,350 (=748,219,170 - 198,593,820).

B. First of all, the instant lawsuit is unlawful as to the Defendant’s principal safety defense.

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedure of legal principles, the debtor who has raised an objection against a creditor who does not have an executory exemplification shall file a lawsuit of demurrer against distribution, and has executory power.