1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The head of Songpa-gu Seoul Metropolitan Government imposed total enforcement fines of KRW 23,385,150 on September 17, 2003 to September 5, 2009 on the ground that the part of the outer stairs between the first floor and the second floor is in violation of the Building Act with respect to the 4th floor of reinforced concrete structure on the ground of 214.3m2 in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”), which is located in the outside common part of the building of the instant building, on the Plaintiff, one of the sectional owners of the instant building, 4.5m2 in underground stairs installed in the outside common part of the building of the instant building, ② the 12m2 in external stairs between the first floor and the second floor, and the part of the building site owned by the Plaintiff, among the instant building of this case, was attached to collect enforcement fines.

B. The Plaintiff’s creditor G filed an application for the auction of real estate rent D based on the right to collateral security established in the proportion of 14,443,15/9,514,900 shares among the Plaintiff’s shares among the Plaintiff’s shares in the first floor H, 4th floor, 1st floor I, and F sites of the instant building.

C. On July 27, 2011, the executing court rendered a ruling to commence the auction on each of the above real estate, and thereafter, the said real estate auction procedure was conducted in duplicate with the procedure for compulsory auction of real estate commenced as Seoul Eastern District Court E.

(hereinafter referred to as "the auction of this case" in total) D.

On December 5, 2018, an execution court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content of allocating KRW 10,410,030 to the Defendant, who is the seizure authority, among KRW 177,39,745, which is the amount to be actually distributed, and KRW 59,857,534, which is the date of additional distribution of the instant auction procedure, to the Plaintiff, who is the debtor and owner.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the amount distributed to the Defendant, and thereafter filed a lawsuit of demurrer against the distribution on December 10, 2018, which was within one week thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 6, purport of whole pleadings

2. The Plaintiff is a sectional owner who determined the instant safety defense.