In excess of KRW 8,00,000 among the lawsuits in this case, the part requesting the correction of the distribution schedule shall be dismissed.

The plaintiff.

1. Basic facts

A. On October 4, 2016, the Plaintiff offered D Apartment E (hereinafter “instant apartment”) owned by the Plaintiff as security and borrowed KRW 161,00,000 from the Non-Party F Co., Ltd. (hereinafter “instant loan agreement”) with respect to the instant real estate (hereinafter “instant loan agreement”); and on October 7, 2016, the registration of creation of a neighboring apartment that became the debtor and the creditor F Co., Ltd was completed.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

On February 25, 2019, with respect to the instant right to collateral security, an additional registration of the right to collateral security transfer was made to the Korea Asset Management Corporation on December 27, 2018 on the ground of transfer of confirmed claim, and on June 26, 2019, an additional registration of the right to collateral security transfer made to the Defendant on June 26, 2019, respectively.

C. On July 24, 2019, upon the application of the Defendant, etc., the auction procedure for real estate was initiated as to the instant real estate as C at this court. The Defendant, in the said auction procedure, demanded the payment of the principal amounting to KRW 169,880,354, interest amounting to KRW 49,202,859, total amounting to KRW 219,083,213.

On April 29, 2020, the executing court of the above auction prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant distributes KRW 17,567,084 in the order of 3rd priority.

E. On April 29, 2020, the Plaintiff appeared on the date of distribution, and raised an objection against the Defendant regarding KRW 8 million out of the above dividend amount, and filed the instant lawsuit on May 6, 2020, within one week thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. We examine ex officio the determination as to the legitimacy of a lawsuit on the part of requesting correction exceeding KRW 8,000,000 out of the amount of dividends against the defendant.

Only the creditors or debtors who have raised an objection against the distribution schedule on the date of distribution shall be qualified as the plaintiff in a lawsuit of demurrer against distribution.