1. The instant lawsuit shall be dismissed.

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

1. Facts of premise;

A. On December 10, 2014, the Plaintiff completed the registration of the establishment of a mortgage on the Seongbuk-gu Seoul Building E, the maximum debt amount of which is 156,00,000,000. The instant auction procedure commenced upon the Plaintiff’s request for auction.

B. On July 30, 2018, the auction court opened the date of distribution. Under the distribution schedule, the Defendant, as the lessee of a small amount, was deemed to have received KRW 30,000,000, and the Plaintiff was to have received the dividends of KRW 127,006,087 below the claimed amount or the maximum debt amount, respectively, and the Plaintiff raised an objection against the total amount of the Defendant’s dividends.

[Ground of recognition] Unsatisfy, Gap 1, 2, 5 each entry

2. The defendant asserts that the plaintiff's lawsuit of demurrer against distribution is unlawful because the period for filing a lawsuit of demurrer against distribution has not been observed. The lawsuit of demurrer against distribution is filed by the person who appeared on the date of distribution and raised an objection within one week from the date of distribution (Article 154 (3) of the Civil Execution Act). The plaintiff is obvious in the record that the plaintiff filed the lawsuit of this case on August 7, 2018, which was one week from the date of distribution as seen in the premise, from the date of the distribution. Thus, the above lawsuit is unlawful,

3. The conclusion is that the lawsuit of this case is unlawful and thus, it is decided as per Disposition.