The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On June 19, 2019, on the application of the Industrial Bank of Korea, the Incheon District Court D, as a director of the Seo-gu Incheon Metropolitan Government F Building G (hereinafter “instant real estate”) held on June 19, 2019, procedures for the voluntary auction of real estate (hereinafter “the auction procedures of this case”) were conducted.

B. On July 11, 2019, the Plaintiff reported the right as a lessee in the auction procedure of this case, and made a demand for distribution.

(c)

On May 29, 2020 of the auction procedure of this case, as of May 29, 2020, a distribution list was prepared to distribute the amount of KRW 67,307,251, which is to be distributed in the amount of KRW 105,220, KRW 16,175,022, and KRW 51,02,00 to the Defendant, who is the transferee of the Industrial Bank of Korea of the applicant, as the holder of the right to deliver the amount of KRW 67,30,251, which is to be distributed actually, to the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City.

(d)

On June 3, 2020, the Plaintiff filed a lawsuit of demurrer to the instant dividend payment.

[Ground for recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 2-3, the purport of the whole pleadings

2. In the lawsuit of demurrer to the determination of the legitimacy of the lawsuit in this case, a person qualified as the plaintiff is limited to the creditor or debtor who appeared on the dividend date and stated an objection against the dividend table (see, e.g., Supreme Court Decisions 79Da1846, Jan. 27, 1981; 2014Da53790, Apr. 23, 2015). ex officio, the following is examined. Even based on all evidence submitted by the plaintiff, it is difficult to recognize that the plaintiff appeared on the dividend date of the auction procedure in this case and raised an objection against the Defendant’s dividend amount, and there is no other evidence to acknowledge this (this court recommended correction to submit a certified copy of the daily report on June 10, 2020; the court urged the Plaintiff’s agent to prove the dividend date including the dividend date on September 22, 2020, but the Plaintiff was absent on the second, third, without submitting the dividend date.)