1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed an application for the auction of the instant real estate with the Seoul Southern District Court on June 16, 2010, the maximum debt amount of 6,440,000,00 won for the instant real estate, which was set up on June 16, 2010, with respect to the instant real estate owned by the debtor, the debtor of bankruptcy, 101, 102, 103, 104, 102, 103, 104, 202, 203, 204, 205, 301, 302, 303, 303 (hereinafter “instant real estate”).

B. In the above auction procedure, the auction court opened the date of distribution on July 13, 2017, and prepared a distribution schedule with the content of distributing KRW 2,194,644,530 to Guro-gu Seoul Metropolitan Government KRW 8,913,840 (Order 1, holder of the right to deliver), and KRW 47,292,323 to D (Order 2,138,438,367 to the defendant (Order 3, applicant creditor and mortgagee).

C. The Plaintiff appeared on the aforementioned date of distribution and stated that he/she raised an objection against KRW 720,00,000 among the dividends to the Defendant. On July 21, 2017, the Plaintiff filed the instant lawsuit on the grounds that the Plaintiff was a small lessee under the Commercial Building Lease Protection Act in relation to the instant real estate, and was not distributed on the said date of distribution.

[Ground of recognition] The fact that there is no dispute, Gap 1, 4, 5, 6, 7, Eul 1 (including each number; hereinafter the same shall apply), and the purport of the whole pleading

2. Determination as to the legitimacy of the instant lawsuit

A. A lawsuit of demurrer against a distribution shall be instituted by a person who has appeared on the date of distribution and raised an objection within one week from the date of distribution (Article 154(3) of the Civil Execution Act), and the lawsuit of demurrer against a distribution filed subsequent to the expiration of the period of filing

B. In full view of the above facts of recognition and the purport of the entire pleadings, the Plaintiff appeared on the date of distribution on July 13, 2017 and appeared on the date of distribution, as to KRW 720,000,000 among the dividends against the Defendant.