1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. As to the building F, which was owned by D, No. 803 (hereinafter “instant building”), which was located on the land (hereinafter “instant building”), on July 1, 2013 at the creditor’s request by the creditor-Cheong Agricultural Cooperative, the decision to voluntarily commence the auction was made on July 1, 2013, and was sold to G on April 1, 2014.

B. On May 21, 2012, the Plaintiff completed the registration of the right to claim ownership transfer under the Daejeon District Court Daejeon District Court’s receipt of No. 3009 on May 21, 2012 on the instant building on the ground of a pre-sale agreement, and the said provisional registration was revoked in the instant auction procedure.

C. On May 15, 2014, a court of execution prepared a distribution schedule stating that H distributes KRW 27,486,318 to H. On April 22, 2014, H had already died on April 22, 2014, and there was an agreement between the co-inheritors to inherit the dividends under the instant auction procedure.

The Plaintiff raised an objection to the entire amount of distribution to H on the date of distribution, and filed the instant lawsuit on May 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 and 8 through 11, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. As to the Plaintiff’s assertion that H is the most lessee of the instant building, the amount of dividends against H should be deleted. The Defendant asserted that the Plaintiff is a person who has no right to receive dividends by failing to file a claim report, etc. within the time limit set in the instant auction procedure, and further H is not a false lessee.

B. (1) Article 16 of the Provisional Registration Security Act provides that when an order to commence an auction, etc. of real estate on which a provisional registration for transfer of ownership is made is issued, the court shall notify the person holding the right to a provisional registration of the content thereof, if the provisional registration is a provisional registration for security, and the existence, cause and amount of the claim, and if the provisional registration is not a provisional registration for security, the court shall notify the court of the fact that the content thereof is reported