1. The plaintiff's claim is dismissed.

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

Basic Facts

On February 23, 2015, the plaintiff applied for a compulsory auction by the Seoul Northern District Court C real estate in Seongbuk-gu Seoul E apartment No. 301 and 405 owned by D, and registered the commencement of auction and the commencement of auction.

On May 4, 2015, which was before the period for demanding distribution ( May 6, 2015), the Defendant reported the right to the lessee with the fixed date set forth in No. 405 at the auction court.

On May 31, 2016, the above auction court prepared a distribution schedule stating that the lessee F of the fixed date set forth in subparagraph 301 shall distribute KRW 25,69,451, KRW 25,175,401 to the lessee of the fixed date set forth in subparagraph 405, KRW 94,257,680 to the Defendant of the fixed date set forth in subparagraph 301, KRW 31,650,763 with respect to the portion set forth in subparagraph 301, and KRW 32,171,814 to the Plaintiff.

On the same day, the plaintiff raised an objection to the whole amount of each dividend to the defendant and the new bank, and filed the lawsuit of this case on the same day.

(1) The Plaintiff and F, upon receipt of a claim for distribution, concluded a lease agreement with a new bank on June 14, 2014, setting forth the deposit amount of KRW 405 from D as the broker of the G Licensed Real Estate Agent Office, KRW 80 million, KRW 8 million from July 5, 2014, KRW 8 million from D on the same day to KRW 7,200,000 from the account of D on June 21, 2014, and KRW 205,00 from the date of the same day to transfer the deposit amount to the court for sale on June 25, 2014, and the Defendant paid the deposit amount to the Defendant on May 25, 2015 (the date of the move-in report).