1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 24, 201, the instant court: (a) prepared a distribution schedule in the instant voluntary auction procedure with respect to the wife E, 430 square meters and F 2,277 square meters (hereinafter referred to as “each of the instant real estate” in the following), which is owned by D on June 24, 2011; (b) distributed a dividend of KRW 2,780,940 to the head of Gangseo-gu Tax Office under the Defendant’s jurisdiction among the dividends remaining after giving priority to collateral security holders; and (c) distributed KRW 172,289,027 to the applicant G.

B. D filed a lawsuit of demurrer against distribution with the court 201Gahap12920 against the dividend amount that was made to G.

On October 4, 2013, this Court declared that D's claim is dismissed, and D's appeal was filed by Seoul High Court 2013Na71960.

On September 26, 2014, the Seoul High Court sentenced that “this Court deleted the dividend amount to G from among the dividend table prepared in relation to the instant voluntary auction on June 24, 2011.” The Seoul High Court appealed against G and appealed as 2014Da71385, but the Supreme Court dismissed the appeal on March 20, 2015, and the said appellate judgment became final and conclusive.

C. On May 15, 2015, the Plaintiff entered into a contract with D to transfer to the Plaintiff the claim transfer of KRW 177,000,000 among the dividend accrued during the instant voluntary auction procedure. On the same day, the Plaintiff notified the Defendant (a public official in charge of deposit in this court) of the purport thereof.

On June 30, 2015, the court rendered the additional distribution of the instant auction procedure upon the said judgment. In preparing the said additional distribution schedule, the court distributed KRW 172,298,412, which is the total amount of dividends, to the head of Gangwon-gu District Tax Office, and excluded the Plaintiff from the distribution of dividends.

E. In the said additional distribution procedure, the Plaintiff raised an objection to the dividend amount to the Defendant, and thereafter filed a lawsuit of demurrer against the distribution on July 6, 2015, which is within one week from the said additional distribution procedure.

[Ground for recognition] Unsatisfy

2. The Defendant’s assertion of the cause of the instant claim is the first dividend on June 24, 2011.