1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Voluntary auction procedure commenced upon the application of H, Co., Ltd., the mortgagee, as the right to collateral security regarding E-owned Gwangju Mine G (hereinafter “instant real estate”).

(D) The Gwangju District Court D. (b)

In the above auction procedure, the Plaintiff, who is the creditor of provisional attachment regarding E, received dividends of KRW 9,406,379 out of the claimed amount of KRW 17,960,000, and the Defendant, who is the person having chonsegwon, received dividends of KRW 70,00,000 in preference to the Plaintiff.

(hereinafter “instant distribution schedule”). C.

On November 30, 2017, the plaintiff appeared on the above date of distribution and raised an objection against KRW 8,553,621 out of the defendant's dividend amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5

2. The parties' assertion and judgment

A. Although the provisional attachment of multiple creditors, including the Plaintiff, was entrusted to the instant real estate by the Defendant, the Defendant did not exercise the right to file an application for auction, etc. even after the right to lease on a deposit basis was overwritten (from October 26, 2011 to October 26, 2014).

It is also insufficient that the Defendant paid the lease deposit of KRW 70 million to E.

In light of these points, it is doubtful that the right of lease on a deposit basis is used as a means to avoid compulsory execution against E property.

Since it is improper that the defendant is recognized as a person having chonsegwon, it is sought to correct the distribution schedule, such as the purport of the claim.

B. Defendant E is the Defendant’s wife.

The Defendant lent KRW 96 million to E from July 2006 to January 2007.

① On July 21, 2006, KRW 10 million, ② September 27, 2006, ③ December 3, 2006, ④ October 30, 3006, ④ KRW 42 million, ⑤ on November 2, 2006, ⑤ KRW 5 million on November 2, 2006, ② KRW 3 million on December 11, 2006, ③ on December 30, 2006, KRW 8 million on December 14, 2006, ③ on December 14, 2006, KRW 3 million on December 14, 2006; and ② on January 17, 2007, KRW 9,6 million on December 6, 200. The Defendant’s head resided in the real estate at the time that he did not return the said money.