1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant has a claim against D, “195,50,000 won and the amount calculated by the rate of 24% per annum from January 25, 2009 to the date of full payment” which became final and conclusive by the judgment.

Jincheon District Court Decision 2015Da5358495 Decided November 29, 2016 (Dangcheon District Court Decision 2015Da538495 Decided November 29,

D In the event that D did not repay the above debt, the Defendant applied for a compulsory auction of real estate on the first floor of single house of 7.82 square meters and 70.53 square meters of 2 stories of single house of 1st floor of 2nd floor in Jung-gu Incheon, Jung-gu and 175.9 square meters on its ground, which was owned by D (hereinafter collectively referred to as “instant real estate”), and the auction case was in progress to the Incheon District Court C (hereinafter referred to as “instant compulsory auction”), and the Defendant, the creditor who applied for compulsory auction, was paid KRW 114,538,104 in the order of five priority as indicated in the attached Table.

C. On December 24, 2018, the Plaintiff appeared on the date of distribution of the compulsory auction of this case, and raised an objection against the total amount of the Defendant’s dividends, and filed a lawsuit of demurrer against distribution with this court on December 26, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1-3 evidence, Eul's 1-4 evidence, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (i) The Plaintiff is a person having a right to lease on a deposit basis, which is a building on the ground, among the instant real estate, and the deposit amount is KRW 300

The amount of the real estate of this case distributed to the Jung-gu Incheon Metropolitan City Office (the delivery authority-related tax), the Nam Mancheon Tax Office (the delivery authority-related tax), the F Association (the preferential mortgagee-related tax), and Incheon Metropolitan City (the delivery authority-related tax), which is the senior right holder, shall be divided in proportion to the amount of the real estate of this case. This amount shall be divided in proportion to the dividends to the defendant (the bond amount of KRW 192,50,000), the provisional attachment creditor, the Jung-gu Incheon Metropolitan City Office (the delivery authority, the non-related tax claim amount of KRW 821,100), the mortgagee G (the non-related tax claim amount of KRW 500,000), and the plaintiff (the lease right holder), and thus, the dividends to the plaintiff shall be distributed to the plaintiff according to the ratio of the above claim amount, 56,640.