1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. Defendant Geumsung Co., Ltd. (hereinafter “Defendant Co., Ltd”) filed an application for compulsory auction against D for the compulsory auction of real estate 1/2 of the shares of D among the multi-household houses on the E and one parcel of land owned by Gangseo-si Branch of the Chuncheon District Court D, Gangnam-si, Gangwon District Court (hereinafter “instant building”), 301, 401, 501, and 501, and received a decision on compulsory auction from the same court

(hereinafter “instant auction”). (b)

In the auction procedure of this case, the Plaintiff demanded the distribution of KRW 72,159,586 (the purchase price of KRW 17,974,340), which would be distributed on January 28, 2016, the Chuncheon District Court set up a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Plaintiff did not distribute to the Plaintiff, among the amount of KRW 72,159,586 (the purchase price of KRW 17,974,340) that would be distributed on January 28, 2016.

C. On January 28, 2016, the Plaintiff appeared on the date of distribution and raised an objection against KRW 14,670,348 out of the amount of dividend against Defendant B, and KRW 3,303,992 of the amount of dividend against Defendant B, and filed the instant lawsuit on February 3, 2016.

[Reasons for Recognition: Facts without dispute, Gap evidence 1 to 4, Gap evidence, Gap evidence, Gap evidence 8, the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff, as the lessee with the preferential right to payment under 201, distributed the remainder of KRW 17,974,340 from the purchase price under 201 to the Defendants, and distributed the remainder to the Defendants. However, the Gangnam Branch of the Chuncheon District Court distributed all the amount to be distributed to Defendant B without paying the Plaintiff’s dividends to Defendant B, 58,895,417 won, and Defendant Kucheon Branch of the Chuncheon District Court distributed the total amount to Defendant B as KRW 13,264,

Of the instant dividends distribution table, KRW 58,895,417 against Defendant B is KRW 44,225,069; KRW 13,264,169; KRW 9,90,177; and KRW 17,974,340,00 for the amount of dividends against the Plaintiff.

B. As to the building of this case, the facts of recognition are as follows.