1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 27, 2012, the procedure for compulsory auction (hereinafter “instant auction procedure”) commenced on August 27, 2012 upon the creditor’s request against the Gu-Si G apartment (hereinafter “instant apartment”), the said court prepared a distribution schedule as shown in the attached Form (hereinafter “instant distribution schedule”) on September 26, 2014.

B. The Plaintiff appeared on the date of distribution implemented on the same date as the lien holder, and raised an objection against KRW 51,00,000 among the 148,146,060 of the dividend to the Defendant. On October 2, 2014, the Plaintiff filed a lawsuit of demurrer against distribution with the instant court.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2, 3, and 8, the purport of the whole pleading

2. The assertion and judgment

A. The parties’ assertion 1) The Plaintiff is the Defendant’s Housing Construction Co., Ltd. (hereinafter “Dong Mine Housing”).

(2) On the premise that the new construction of the instant apartment was performed on 15th floor after being awarded a contract, the Defendant asserts that there was a claim for construction cost of KRW 189,04,935 and damages for delay against the said housing, and that the instant apartment was paid KRW 148,146,060 in the instant auction procedure, but the instant apartment 11-15th and the Plaintiff was constructed by bringing KRW 51,000 in the Plaintiff, and that the amount of KRW 51,00,000 out of the amount of dividends against the Defendant should be distributed to the Plaintiff. 2) As to this, the Defendant asserts that there was no right to file a lawsuit of demurrer against the instant objection since the Plaintiff was not the creditor of the Dong Housing, who is the executor of the instant auction procedure, but did not demand a distribution in the instant auction procedure, and therefore there was no right to file an objection against the instant dividend schedule.

B. A person who has standing to sue in a lawsuit of demurrer against distribution shall be present on the date of distribution, and limited to the creditor or debtor who has raised an objection as to the distribution schedule, and the creditor shall be limited to other creditors within the scope related to his/her interests.