A. The Plaintiff is obligated to receive KRW 198 million from D.

B. On July 20, 2012, the Defendant received a decision of provisional seizure with a claim amounting to KRW 400 million regarding the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) on July 20, 2012 (the registration was completed on July 24, 2012, the Defendant completed the registration of the instant real estate.

C. The Defendant filed a lawsuit against D to seek payment of KRW 400 million (the right to be preserved for the foregoing provisional seizure) (Seoul District Court Decision 2013Gahap8205), but rendered a judgment dismissing the Defendant’s claim on April 30, 2014 (Seoul High Court Decision 2014Na25773) and filed an appeal against it on August 13, 2015 (Seoul High Court Decision 2014Na2573). The said judgment of the first instance court became final and conclusive September 11, 2015.

On February 3, 2015, the procedure for compulsory auction of the instant real estate was conducted in order to Ui Government District Court Goyang Branch B and C (combined). On February 3, 2015, the court made a distribution schedule to the Plaintiff (the sixth-order, creditor), 88,190,413 out of the principal and interest of the instant claim amounting to KRW 198,800,000,000,000, and to the Defendant (the sixth-order, provisional attachment authority) out of the principal and interest of the claim amounting to KRW 517,041,096.

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the amount of distribution to the Defendant, and filed the instant lawsuit on February 5, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Determination

(a) In case where the execution of provisional seizure is revoked after the amount of distribution to the creditor of provisional seizure has been deposited in a lawsuit of demurrer against distribution, or where the creditor of provisional seizure is subject to a final judgment against him in the lawsuit of merits, the deposit money shall not be delivered to the debtor,

(1) Article 160(1)2 of the Civil Execution Act, Article 161(1)1 of the same Act, and Article 161(2)1 of the same Act, Supreme Court Decision 2003Da32681 Decided April 9, 2004, etc.). However, a lawsuit of demurrer against distribution filed by a creditor is between creditors who are parties to conflict.