A. According to the evidence evidence evidence No. 1 through 12, the defendant received the title of execution (this court 2014Gahap437, the final judgment of this court) against the non-party C, and upon receipt of the claim seizure and collection order as to the dividends of formal auction based on the judgment of partition of co-owned property in this court held against the Republic of Korea, C collected KRW 51,660,613 from the Republic of Korea on August 11, 2015, and thereafter, the plaintiff also received the title of execution against C (the notary public belonging to the Daejeon District Public Prosecutor's Office E, 5786, the execution document), and the original copy of the decision was served on the Republic of Korea on August 24, 2015, and the defendant did not report the collection order to the court in the Republic of Korea until the collection and seizure of the plaintiff's above claims.

B. Article 236(2) of the Civil Execution Act provides that when there has occurred a seizure, provisional seizure, or demand for distribution prior to a report by a collection creditor, the collection creditor shall deposit the collected amount and report the reason therefor. Article 247(1) of the same Act provides that the creditor who has the right to preferential reimbursement and an executory exemplification under the Civil Act, the Commercial Act, and other Acts may demand a distribution to the court of execution until the collection creditor files a report on collection under Article 236. Article 252 Subparag. 2 of the same Act provides that when the collection creditor deposits the collected amount, the procedures for distribution shall commence. In full view of these provisions, when the creditor who is entitled to receive a distribution from the collected amount competes with the creditor who is entitled to receive a distribution from the collected amount, i.e., when there is another creditor who has seized or provisionally seized the collected amount, or before the collection report is filed,