The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

1. The reasons for the court’s explanation regarding the instant case is as follows: (a) added the judgment as referred to in the following 2; (b) subsequently, the second 9th 9th son of the judgment of the first instance read “by June 9, 2019” as “by June 9, 2019”; and (c) except that the fourth 10th son of the judgment of the first instance as “the Defendant” is the same as the reasons for the judgment of the first instance; and (d) accordingly, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the Defendant’s main defense (1) The Defendant’s distribution in a lawsuit of demurrer against distribution is unlawful.

Even if the amount to be distributed to the Plaintiff is not increased due to such increase, such cause may not be the ground for filing a lawsuit of demurrer against distribution seeking the increase of dividend amount. As the Plaintiff’s assertion, even if the Defendant did not become a small lessee subject to protection under the Housing Lease Protection Act and the distribution against the Defendant is unlawful, the dividend amount which was ultimately distributed to the Defendant is ultimately distributed to the Defendant, even if the dividend amount is illegal as the Defendant did not belong to the small lessee subject to protection under the Housing Lease Protection Act, the dividend amount which was distributed to the Defendant shall be distributed only to K with only KRW 391,872,387, which is KRW 71% of the amount of the claim in the auction case of this case, and as such, the amount of the Plaintiff’s dividend amount

(2) On the other hand, the lawsuit of demurrer against a distribution filed by the creditor is to resolve the dispute surrounding the amount of distribution among the creditors who are the opposing parties, and the judgment of the lawsuit is to change the ownership of the distribution portion relatively among the creditors who are the original and the defendant. Therefore, in a case where it is deemed that the defendant's claims do not exist, it is unnecessary to consider the claims of other creditors who did not raise an objection in calculating the amount of distribution reverted to the plaintiff among the distribution portion in the dispute (see, e.g., Supreme Court Decisions 98Da3818, May 22, 1998; 2016Da13383, Jul. 29, 2016).