1. The plaintiff's claim is dismissed.

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

1. In a voluntary auction procedure for the portion of the building 1/2 in which the Plaintiff alleged the cause of the Plaintiff’s claim was asserted (hereinafter “instant auction procedure”), the auction court distributed KRW 163,158,603 out of the amount to be actually distributed on the date of distribution on February 28, 2018, to the Defendant, who is the person having chonsegwon, as the person having chonsegwon, and distributed only KRW 11,54,802 out of the surplus to the Plaintiff.

However, the defendant did not have the right to preferential payment because it did not have the fixed date under the contract to establish a right to lease on a deposit basis for the above building.

2. When the judgment on the merits of a lawsuit of demurrer against distribution filed by the creditor becomes final and conclusive, res judicata becomes effective in the judgment on the existence of substantive right to receive dividends as to the dividend amount raised by the creditor. In a case where the party against the merits in the lawsuit of demurrer against distribution, which has been ruled in the lawsuit of demurrer against distribution, files a lawsuit claiming return against the other party on the grounds that the amount of dividends determined by the judgment on the merits became final and conclusive and conclusive, the existence of the right to receive dividends determined in the judgment on the merits of the lawsuit of demurrer against distribution becomes a preliminary question in determining whether the right to claim return of unjust enrichment exists or not, so the parties cannot make any other claim different from the judgment on the merits of the lawsuit of demurrer against distribution, and the court cannot make any other judgment.

(See Supreme Court Decision 9Da3501 Decided January 21, 200, the Plaintiff filed a lawsuit of demurrer against the Defendant by asserting that the Defendant was erroneously paid dividends in the auction procedure of this case, and lost the lawsuit of demurrer against the Defendant (Article 2018DaMa2194) (Article 2018DaMa2194). However, the appeal was dismissed (Article 2019Na69513) and the judgment against the Defendant became final and conclusive.