1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 18, 2013, the Plaintiff completed the provisional registration of the right to claim ownership transfer on July 17, 2013 with respect to Pyeongtaek-si D and forest land owned by a family construction company (hereinafter “instant provisional registration”).

B. After that, each of the above forests and fields was conducted by the voluntary auction by a mortgagee’s application, and was sold at the auction procedure for the Suwon District Court C voluntary auction case (hereinafter “instant auction procedure”). On April 23, 2015, the date of distribution of the instant auction procedure, the distribution schedule was prepared to distribute KRW 45,389,025 to the Defendant, who is the first sixth order, who is the Defendant, the amount of KRW 45,389,025, out of the amount to be actually distributed after deducting execution expenses, etc. from the proceeds of sale.

C. The Plaintiff appeared on the date of the above distribution and raised an objection against the total amount of the Defendant’s dividends.

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

2. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion 1) The provisional registration of this case is aimed at securing the Plaintiff’s loan claim amounting to KRW 30 million against the Defendant, and thus, dividends should be made to the Plaintiff, a prior security right holder than the Defendant. 2) The provisional registration of this case is not a provisional registration for security, but a right to receive dividends by failing to file a claim report within the period specified in the auction procedure of this case.

B. 1) Article 16 of the Provisional Registration Security Act provides that when an order is issued to commence an auction, etc. on any real estate on which a provisional registration for transfer of ownership is made, the court shall notify the person holding the right to a provisional registration of the contents of the provisional registration, if such provisional registration is a provisional registration for security, the existence, cause and amount of the claim, and if it is not a provisional registration for security, the court shall notify the court to report the details thereof by setting a reasonable period (Article 1 and the provisional registration for security