The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 18, 2018, the decision to commence the sale of real estate was rendered on October 18, 2018 by the Busan District Court D, upon the application of the FF association, which is the mortgagee, with respect to the Plaintiff and the Defendant’s Busan District Court E, 202.6§³ and its ground buildings

B. On January 31, 2020, the above auction court prepared a distribution schedule that distributes the amount of KRW 653,248,318 to the plaintiff and the defendant's creditors, and then distributes the surplus of the defendant's share to the defendant 9,409,005 won.

(hereinafter “instant distribution schedule”). C.

The Plaintiff appeared on the date of distribution, and stated an objection against the amount of distribution to the Defendant, and filed a lawsuit of demurrer against distribution on February 6, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the Defendant’s assertion asserted that the Defendant is a creditor who has a claim pursuant to the final judgment of the lease deposit case of Busan District Court Decision 2016Da33084, Busan District Court, and that the instant distribution schedule should be revised as stated in the purport of the claim. Accordingly, the Defendant did not have standing to sue to file a lawsuit of demurrer against the Plaintiff.

B. A person who is qualified to sue a lawsuit of demurrer 1 is present on the date of distribution and raises an objection on the date of distribution, and the creditor or debtor is present on the date of distribution and raises an objection on the date of distribution, and in order for the creditor to raise an objection on the distribution schedule as to the substantive nature, the creditor against the executory debtor under substantive law is insufficient, and has lawfully made a demand for distribution by the deadline for the completion of the demand for distribution. The creditor who did not lawfully make a demand for distribution does not have the right to raise an objection on the date of distribution and on the date of distribution, and even if such person appeared on the date of distribution and raised an objection against the distribution schedule, it is unlawful.