1. The plaintiff's claim is dismissed.

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

The key issue of this case is whether it is reasonable for the creditor requesting voluntary auction to regard expenses incurred in registering inheritance by subrogation in the name of the deceased's heir who is the debtor and owner in order to proceed with the voluntary auction procedure as expenses for execution and deducts expenses for execution from proceeds of sale when preparing a distribution schedule. Therefore, the expenses for registration of inheritance by subrogation of the creditor requesting voluntary auction shall be included in expenses for execution. Therefore, the plaintiff's claim is dismissed on different premise

1. Basic facts

A. On October 2005, the registration of the establishment of a neighboring mortgage of the debtor D and the maximum debt amount of KRW 864,000,000 was completed in the future of Yongsan-gu Seoul Metropolitan Government E building F, which is owned by Nonparty D (hereinafter “the deceased”), for the establishment of a mortgage of the debtor D and the maximum debt amount of KRW 864,00,000.

B. On November 2015, the deceased, who is the debtor or owner of the property by subrogation of the Defendant, died, and thereafter, on January 2016, the Seoul Western District Court rendered a voluntary decision to commence auction at the Seoul Western District Court C. On March 2016, 2016, the court of execution issued an order of correction to “the registration certificate of inheritance was issued in the name of the heir because the deceased, who is the debtor, died, but no registration of transfer was made in the name of the heir,” and the Defendant who acquired the claim from G issued an order of correction to “the registration certificate of inheritance was issued in the name of the heir.” On January 2018, 2018, the Defendant transferred the claim from G, which was the heir of the deceased, completed the registration of transfer of ownership due to inheritance (the cause of subrogation is required to be an auction being executed by the Seoul Western District Court C on the basis of the right of collateral Security established on October 2015).

C. After that, the instant building was awarded to a third party on July 2018. In preparing a distribution schedule under the name of the deceased’s heir, the executing court shall regard the above expenses incurred by the Defendant in making a subrogation registration under the name of the deceased as execution expenses, and deduct the expenses for enforcement from the proceeds of sale from the proceeds of sale to the obligees, and