1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 24, 2016, the Plaintiff filed an application for a payment order against E with the Incheon District Court Branch Branching 2016 tea2494, seeking the payment of a loan. On August 25, 2016, the Plaintiff received a payment order from the above court. The said payment order was finalized on September 30, 2016.

B. On November 17, 2016, the Plaintiff filed a lawsuit against E with Daejeon District Court 2016Kadan34165, and the said court rendered a judgment on May 10, 2017 that “E shall pay the Plaintiff KRW 100 million and its delay damages,” and the said judgment became final and conclusive around that time.

C. On January 20, 2017, the Plaintiff paid KRW 336,084,505 in subrogation to the North Korea-U.S. Credit Cooperative, the mortgagee of the second floor, 201, 301, 302, 401, 402, 502, 501, 502, and 601 (hereinafter “instant real estate”) among the six-story collective housing units of the F reinforced concrete roof, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, which are owned by E, and filed a registration of transfer of collateral security on the same day, on the same day.

On October 25, 2016, upon the Plaintiff’s application for compulsory execution of real estate based on the above payment order, Suwon District Court C rendered a decision to commence compulsory execution of real estate, and on February 17, 2017, upon the Plaintiff’s application for voluntary auction of real estate based on the foregoing right to collateral security, Suwon District Court rendered a decision to commence the auction of the pertinent real estate. Accordingly, the auction procedure of the instant real estate was conducted in duplicate

(hereinafter “instant auction procedure”). E.

In the instant auction procedure, on January 9, 2018, the distribution court prepared a distribution schedule to distribute KRW 88,770,665 to the Plaintiff, who is the lessee of the sixth floor of the instant real estate (hereinafter “instant building”) and KRW 151,092,628 to the Defendant, who is the lessee of the instant real estate.

F. The Plaintiff appeared on the date of the foregoing distribution, and raised an objection against the whole amount of the Defendant’s dividends, and on January 15, 2018, which is within seven days thereafter.