1. The part of the instant lawsuit of demurrer against distribution shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

1. Basic facts

A. D is the owner who completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant commercial building”) on July 5, 2012, and the Defendant is a person who completed the registration of ownership transfer claim with respect to the instant commercial building on the grounds of the pre-sale agreement on December 10, 2013.

B. On October 5, 2013, the Plaintiff entered into a lease agreement with D as between KRW 60,000,000 for the instant commercial building, KRW 1,400,00 for the monthly rent, and KRW 1,400 for the term of lease from December 15, 2013 to December 14, 2015, and operated resting restaurants after completing business registration with E in the trade name of E on December 5, 2013.

C. On February 22, 2016, regarding the instant commercial building, the decision to commence voluntary auction was rendered to Daejeon District Court Branch C, and the decision to commence compulsory auction was rendered to F of the same court on May 26, 2016, respectively.

(hereinafter collectively referred to as “instant auction”). D.

On December 14, 2015, the Plaintiff closed its business, and on March 3, 2016, rendered a demand for distribution as a lessee to the instant auction court.

On April 25, 2016, the Defendant made a demand for distribution as a loan creditor to the auction court of this case.

E. On September 22, 2016, the instant auction court: (a) prepared a distribution schedule allocating KRW 74,968,805 out of the proceeds from the sale of the instant commercial building as a person with the right to provisional registration for security (order 4) to the Plaintiff; and (b) the Plaintiff appeared on the date of distribution on the date of distribution, and stated an objection against the Defendant regarding KRW 60,000,000 out of the amount of dividends.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The defendant asserts that the plaintiff is not qualified to file a lawsuit of demurrer against distribution against the plaintiff.

According to Articles 88(1), 148 subparag. 2, and 151(3) of the Civil Execution Act, creditors who have an executory exemplification, who have effected a provisional seizure subsequent to the registration of a decision to commence auction, and creditors who have the right to claim preferential reimbursement under the Civil Act, the Commercial Act, the Commercial Act, and other Acts, may demand a distribution.