1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On March 9, 2016, regarding the real estate listed in the separate sheet (hereinafter referred to as “instant building”) owned by C, the establishment registration of a neighboring establishment in the name of the Defendant was completed on March 9, 2016, causing C and C to the maximum debt amount of KRW 60 million.

B. On May 12, 2016, the Plaintiff leased the instant building from C by setting the lease deposit of KRW 7 million and the lease term of KRW 2 million from June 30, 2016, respectively, and made a move-in report on the same day with the fixed date obtained on May 18, 2016.

After that, on September 19, 2016, the registration of the housing lease was completed on September 6, 2016 on the instant building on the ground of the order of lease on September 6, 2016 (Seoul High Court Decision 2016Kao2, the High Court of Gwangju High Court Decision 2016Kao2).

C. On September 12, 2016, the Defendant, based on the right to collateral security stated in the foregoing paragraph (a), received a decision to commence the auction of the instant building from Gwangju District Court Macheon Branch B, and on the same day, the registration of the decision to commence the auction was completed.

The term of demand for distribution of the above auction procedure was December 12, 2016, and the plaintiff submitted a report on rights and an application for demand for distribution on February 24, 2017.

E. On July 18, 2017, a court of execution prepared a distribution schedule to distribute KRW 50,877,382 to the Defendant, the second creditor, who is the second creditor, the amount to be actually distributed after deducting the execution cost on the date of distribution. The Plaintiff was excluded from the distribution.

The Plaintiff appeared on the date of distribution, and raised an objection against the dividend amount of the Defendant, and filed a lawsuit of demurrer against distribution on July 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a legitimate tenant, who was excluded from the dividend due to the court's error, so the dividend table should be revised to distribute the amount of seven million won out of the dividend amount to the plaintiff.

B. We examine the legitimacy of the instant lawsuit ex officio on the determination of the legality of the instant lawsuit.

creditor with an executory exemplification, and