1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the procedure of the auction of real estate deposit (hereinafter “instant auction procedure”) with the Suwon District Court C on the E forest land size of 992 square meters and above above ground buildings owned by Nonparty D (hereinafter “instant real estate”) upon the request of Nonparty D’s property management company, this court prepared a distribution schedule with the content that distributes the amount of KRW 3,376,60 among the amount to be actually distributed on September 2, 2014, 307,629,944, among the amount of KRW 307,629,94, which is the date of distribution (the pertinent tax), to the 1st applicant creditor’s property management company, the amount of KRW 299,00,000,000, and KRW 5,253,344, to the Defendant, who is the first mortgagee’s property management company.

B. The Plaintiff, who was excluded from the distribution of dividends, was dissatisfied with the total amount of dividends of the Defendant on the date of the above distribution, and filed the instant lawsuit on September 4, 2014, which was seven days thereafter.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. On September 23, 2008, the Plaintiff asserted that the Plaintiff lent KRW 200 million to the Non-Party F Co., Ltd. (hereinafter “Non-Party F”). The Plaintiff jointly and severally guaranteed the obligations of Non-Party D, G, H, and I. The Plaintiff was established a collateral on September 23, 2008 with respect to the instant real estate owned D as a security.

To receive the remainder of 45,00,000 won excluding the amount of KRW 200,000 already repaid out of the principal and interest of the non-party company 245,000,000,000, the Plaintiff filed a lawsuit against G to claim the amount of guarantee debt under the Seoul Southern District Court Decision 2012Da48194 and paid the Plaintiff the amount calculated at the rate of 45,000,000 won and 20% per annum from June 21, 2012 to the day of full payment. The Plaintiff became final and conclusive upon winning the judgment of the Plaintiff, and the Plaintiff did not receive KRW 5,369,961 out of the principal and interest and costs of lawsuit. Accordingly, the Plaintiff’s claim in the instant auction procedure was nonexistent on the ground that there was no claim of the Plaintiff.