1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On the date of distribution implemented on May 22, 2019 in the procedure for compulsory auction (Ulsan District Court C) for two parcels, Ulsan-gun D, U.S. District Court prepared a distribution schedule that distributes KRW 39,843,053 to the Plaintiff and KRW 10,645,990 to the Defendant (hereinafter “instant distribution schedule”).

B. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against KRW 5,834,090 out of the amount distributed to the Defendant, and filed a lawsuit of demurrer against distribution on May 23, 2019, which was seven days thereafter.

C. On the other hand, on April 25, 2019, the Defendant submitted a written request for delivery of health insurance premiums and arrears from January 2002 to September 201, 201, and unjust enrichment insurance premiums 4,81,90 won at the above auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The parties' assertion

A. Of the amount of dividends against the plaintiff's assertion against the defendant, the amount based on the right to claim health insurance premiums and late payment fees (5,834,090 won) against E (5,834,090 won) has expired after completion of prescription (3 years), the instant distribution schedule should be revised as stated in the purport

B. The Defendant alleged that the Defendant had continuously urged the E to notify the insurance premiums and arrears in arrears, and thus, the extinctive prescription was interrupted.

However, even if it is not so, E’s automobile was seized on June 29, 2007, and since around 2008, E’s deposit claim was seized and cancelled on September 21, 2017, three years have not elapsed since September 21, 2017.

Even if the extinctive prescription has expired, E shall be deemed to have waived the benefit of prescription, as he/she applied for the installment payment and paid some of the premiums on April 6, 2017; June 26, 2017; September 25, 2017; April 9, 2018; June 25, 2018; August 20, 2018; November 9, 2018; and May 22, 2019.

3. Determination

A. The payment deadline for each insurance premium for the interruption of extinctive prescription is the 10th day of the following day of each month, and the Defendant’s insurance premium claims against E.