2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

A. On November 27, 2017, the distribution schedule was prepared on the following day: the Suwon District Court D and E voluntarily auction procedure (hereinafter “instant voluntary auction procedure”) with respect to F Miscellaneous land (hereinafter “instant building”) and collective housing on the ground (hereinafter “instant building”) owned by the Defendant, in order to ensure that: (a) the F Miscellaneous land was owned by the Defendant; and (b) the said collective auction procedure was conducted.

B. The sales price of the instant land in the instant distribution schedule was fully distributed to the obligees, while the sales price of the instant building remains in KRW 318,521,632, and the above amount was distributed to the Defendant, who is the debtor and the owner, as the surplus.

C. The Plaintiff, as a mortgagee of the instant land, was present on November 27, 2017 as the person holding a provisional attachment on the instant land and building by an independent party intervenor, and raised an objection against the amount of surplus distribution against the Defendant. D.

On the other hand, on December 6, 2017, an independent party intervenor obtained a decision to seize and collect the defendant's claim for the voluntary auction surplus of this case against the Republic of Korea as the Suwon District Court 2017TTT116392, and the decision was served to the Republic of Korea around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, Byung evidence Nos. 1, 2, and 4 (including branch numbers), and the purport of the whole pleadings

2. The independent party intervenor asserted that the amount of dividends against the defendant should be distributed to himself/herself under the distribution schedule of voluntary auction of this case by the independent party intervenor as to the motion of the independent party intervenor, and filed an application for intervention of the independent party to the effect

However, a lawsuit of demurrer against distribution shall be filed by a person who has appeared on the date of distribution and raised an objection within one week from the date of distribution (Article 154(3) of the Civil Execution Act), and the application for intervention by an independent party intervenor in this case is unlawful on the grounds that it is apparent that the application for intervention was filed on May 25, 2018 after one week from November 27, 2017, the date of voluntary auction of this case.

3. Determination as to the principal claim.