1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The plaintiff asserts as follows.

In other words, on the date of distribution of the auction case of the auction case of the auction case of the real estate B located in Suwon District Court which was proceeding with the debtor C, the plaintiff is a person who was apportioned KRW 10,452,140 as a mortgagee, and the defendant is a person who was apportioned KRW 36,519,870 as a tax claim in the auction case of the above auction case.

However, although C faithfully paid the capital gains tax levied on C, and the capital gains tax additionally issued to C should be paid by the former owner D, C did not pay the capital gains tax, and C was distributed the dividend by seizing the real estate subject to the auction case on the ground that C did not pay the capital gains tax in the Dongjak Tax Office under the Defendant’s jurisdiction.

Therefore, in the above auction case, 36,519,870 won of dividends against the defendant among the distribution schedule prepared on February 7, 2018, which was the date of distribution, should be deleted. The amount of dividends against the plaintiff, who is the right to collateral security, should be corrected to KRW 10,452,140 in addition to the above dividends against the defendant.

B. However, there is no evidence to prove the plaintiff's above assertion.

2. As such, the plaintiff's claim cannot be accepted, and it is dismissed. It is so decided as per Disposition.