1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Defendant voluntarily filed an application for real estate auction with the Suwon District Court C(F duplicate) in the position of transferee of the right to collateral security, with respect to the E large 661 square meters, in a case where the ownership of the non-party D and the Ma-dong General Construction Co., Ltd. was

B. On May 23, 2018, the same court: (a) apportioned KRW 292,50,000 to the Defendant as the assignee of the fifth collateral security; and (b) apportioned KRW 193,35,757 as the sixth collateral security holder; and (c) drafted a distribution schedule that excludes the Plaintiff who demanded a distribution as the lessee from the distribution.

C. Meanwhile, the Plaintiff filed the instant lawsuit on May 30, 2018, without having been present on the date of distribution of the said auction case in progress on May 23, 2018.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, entry of Gap evidence 1 through Gap evidence 3 (including paper numbers), and the purport of the whole facts and arguments in this court】

2. Whether the lawsuit of this case is lawful

A. As long as a lawsuit of demurrer is not the owner, the person having the right to demand distribution, who made a statement of objection on the date of distribution, may file a lawsuit of demurrer within seven days after he/she made a statement of objection to the distribution, and the lawsuit filed without meeting the above requirements, shall

B. As to the instant case, it is apparent that the Plaintiff did not appear on the date of distribution of the said auction case and it did not meet the requirements of the lawsuit of demurrer against distribution. Thus, the instant lawsuit is unlawful.

(3) If the plaintiff's lawsuit of this case is unlawful and thus it is decided to dismiss it. It is so decided as per Disposition by the assent of all participating Justices.