1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. As to the registration of the establishment of a neighboring mortgage-backed property (hereinafter in this case’s real property), the registration of the establishment of a mortgage-backed property (hereinafter in this case’s real property) was completed on November 17, 2014, under Article 90762, which was received on November 17, 2014, with the maximum debt amount of KRW 60 million, the registration of the establishment of a neighboring mortgage-backed property as the Defendant, and the registration of the establishment of a mortgage-backed property (hereinafter in this case’s real property) under Article 212592, which was received on July 12, 2016.

B. As to the instant real estate, the Korea Credit Guarantee Fund filed an application for voluntary auction to Incheon District Court B, and the Defendant filed an application for voluntary auction to Incheon District Court E, and each decision on voluntary auction was registered on November 2, 2016 and November 4, 2016.

C. At the above auction procedure on December 27, 2017, KRW 49,584,833 was distributed to the Defendant, who was the second mortgagee on the date of distribution open on December 27, 2017, and the Plaintiff appeared on the said date of distribution and raised an objection against KRW 18 million out of the dividends against the Defendant.

[Grounds for recognition] The items in Gap evidence Nos. 1, 6, and 12, and the purport of the whole pleadings

2. Determination

A. On June 11, 2015, the Plaintiff asserted that the Plaintiff was a small lessee who entered into a lease agreement of KRW 18 million with respect to the instant real estate, and was unaware of the fact that the instant real estate was auctioned, and did not report the right and demand for distribution.

Since the Plaintiff has the right of preferential repayment with respect to the instant real estate, the distribution schedule should be revised to pay to the Plaintiff KRW 18 million out of the amount distributed to the Defendant.

B. A creditor entitled to file a lawsuit of demurrer against a distribution shall include all creditors who are entitled to participate in the distribution, i.e., creditors entitled to receive the distribution without a demand for distribution, or lawful demand for distribution, and shall be creditors who are not entitled to participate in the distribution, regardless of the existence of executory exemplification, the kind of claims, and whether the distribution is indicated as receiving the distribution under the distribution schedule.