1. The instant lawsuit shall be dismissed.

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

Basic Facts

On August 31, 2016, with respect to each real estate listed in the attached Table 1, registered in the name of E in the name of E, the compulsory auction procedure was initiated as Suwon District Court D on August 31, 2016, and as to each real estate listed in the attached Table 2, registered in the name of F, the voluntary auction procedure was initiated with the Suwon District Court G on December 27, 2016, and each of the above auction procedures was jointly initiated.

[This case’s auction procedure (hereinafter “instant auction procedure”). On May 23, 2017, the Plaintiff asserted that the claim for the sale price of KRW 60,000,000 as the secured claim was possessed among the real estate listed in the attached Table 2, and filed a report on the lien with respect to the possession of KRW 301 among the real estate listed in the attached Table 2.

In the auction procedure of this case, on September 28, 2017, the auction court prepared a distribution schedule with the content of distributing KRW 447,151,976 in total to Defendant B (the applicant creditor), and distributing KRW 285,642,661 in dividend order to Defendant C (the applicant creditor).

The Plaintiff appeared on the date of distribution as above, and raised an objection against KRW 50,000,00 among the dividends of Defendant B, and KRW 4,000,00 among the dividends of Defendant C, and filed the instant lawsuit on September 28, 2017.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 5, 6, and 7 (including serial numbers), and the purport of the whole argument of the plaintiff as to the purport of the whole argument, the lien holders, including the plaintiff, were unable to receive the payment of the construction cost due to the reasons attributable to the defendant B's summary of the plaintiff's argument. Since the defendant C agreed to receive only the principal in relation to the debtor of the right to collateral security E, it is sought to modify the distribution schedule

Judgment

ex officio, we examine the legitimacy of the instant lawsuit.

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