1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As a creditor of D (a creditor of the repayment case of loans 201Gahap781) with respect to D, the Plaintiff filed an application for a compulsory auction of real estate with respect to each of the shares of 1/4 shares in relation to the 1,339m2 and the F 82m2, each of which is owned by D, for a compulsory auction of real estate, and the decision to commence compulsory auction was made to Suwon District Court C.

(hereinafter referred to as the “instant auction”). B.

In the auction of this case, 241,115,143 won, which was deducted from the execution cost as the sale price, was distributed. In the distribution schedule prepared on April 5, 2018 (hereinafter referred to as the “distribution schedule of this case”), the Plaintiff was distributed in KRW 13,171,903 as the second priority in the distribution order. The Defendant, as a creditor having the following payment order, demanded distribution against D, was also expected to be distributed in KRW 168,593,717 as the second priority in the distribution order:

C. In the lending case of D, Suwon District Court Decision 2012Hu4183, the Defendant: “D and D jointly and severally pay to the Defendant 50 million won and the Defendant the amount at the rate of 20% per annum from the day after the original copy of the payment order was served to the day after the original copy of the payment order was fully paid” was issued on January 4, 2013 and confirmed on January 30, 2013; and in the case of the lending of D and D in Suwon District Court Decision 2012Hu4183, Suwon-si, Suwon District Court, Suwon District Court 200 million won and the amount at the rate of 15% per annum from the day after the original of the payment order was served to the date of full payment.” The payment order (hereinafter referred to as “instant payment order”) was issued on July 11, 2016 and finalized on August 3, 2016.

On the date of distribution of the auction of this case, the Plaintiff raised an objection to the whole distribution to the Defendant.

[Evidence: Evidence Nos. 1 through 6 (including paper numbers)]

2. The assertion and judgment

A. The plaintiff's assertion that the defendant was issued two payment orders in spite of the absence of actual claim against D, and based on this order, at the auction of this case.