1. The plaintiff's claim is dismissed.

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

1. According to the overall purport of evidence Nos. 1, 2, and 6 of the facts based on the facts, a distribution schedule (hereinafter “instant distribution schedule”) was prepared with respect to the auction case of real estate D (E) (E) by the Seoul Western District Court on December 19, 2017, with respect to Defendant B, who is the second mortgagee of the collective security right regarding real estate subject to sale on December 19, 2017, with the dividends of KRW 64,00,000, and KRW 9,970,551, respectively, to Defendant C, the third mortgagee of the collective security right, who is the third collective security right, was present on the date of distribution and raised an objection against the dividend amount of the Defendants.

2. The Plaintiff asserted that, in light of the provisions of Article 88 of the Civil Execution Act and Article 48 of the Civil Execution Rule, the Defendants did not submit legitimate cause claim documents until the completion date of the demand for distribution, and thus, the Defendants should be excluded from the distribution schedule of this case and distributed to the Plaintiff, who is the fourth secured mortgage.

A creditor who filed a request for auction by not later than the completion period for a demand for distribution, a creditor who registered prior to the registration of the first decision on commencing the auction, a creditor who has registered prior to the registration of the first decision on commencing the auction, a mortgage, a lease on a deposit basis, and other claims for preferential reimbursement, and has been extinguished by the sale, may participate in the distribution as a matter of course, even if he did not demand a distribution, and other creditors may receive a

(Article 148 of the Civil Execution Act). On the other hand, a creditor entitled to demand a distribution shall be limited to a creditor who has an executory exemplification, a creditor who has effected a provisional seizure subsequent to the registration of a decision to commence the auction, a creditor who has the right to demand a preferential reimbursement under the Civil Act, the Commercial Act and other Acts (Article 88(1) of the Civil Execution Act), and a demand for distribution pursuant thereto shall be made in writing, stating the cause and amount of the claim, and such demand for distribution shall be in writing