1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On March 24, 2017, the appellate court (Seoul High Court 2016Na201256) rendered a judgment ordering the Plaintiff to pay KRW 379,367,008 to the Defendant and damages for delay.

The plaintiff appealed to the Supreme Court Decision 2017Da221174 and is currently pending in the Supreme Court Decision.

B. According to the distribution schedule prepared on August 29, 2018 at the above auction procedure (hereinafter “instant distribution schedule”), the Defendant, as an applicant creditor, received total of KRW 617,38,586 remaining after senior creditors received dividends among the amount to be distributed in the last order as a creditor of the claim, and the Plaintiff, the real estate owner and the debtor, as the debtor, could not receive any dividends at all.

C. The Plaintiff filed a lawsuit of demurrer against the distribution on August 31, 2018, after raising an objection to the entire amount distributed by the Defendant on the date of distribution.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The judgment of the court of the above appellate that ordered the plaintiff to pay 379,367,008 won and damages for delay thereof to the defendant is unlawful. Since the defendant does not have any claim equivalent to the above amount against the plaintiff, the defendant's dividend amount of 617,38,586 won as stated in the distribution schedule of this case shall be entirely deleted and distributed to the plaintiff.

3. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure, the creditor himself/herself who has an executory exemplification of the executory title, that is, the debtor who has raised an objection as to the existence of a claim or the scope of an executory title, shall exclude the executory power of the enforcement title. Therefore, a claim objection objection suit