A. The Changwon District Court rendered a decision to commence compulsory sale on December 5, 2018, with regard to the size of 1,980 square meters and F forest land of 5,408 square meters and 1,98 square meters and 1,98 square meters and 2,000 square meters, in accordance with the application of the Korea Asset Management Corporation, with D

(C). (b)

On February 10, 2020, the date of distribution of the above auction case, 8,092,125 won (based on the provisional seizure of Changwon District Court Branch 99Kadan1502), 5,246,933 won (based on the provisional seizure of Changwon District Court 01Kadan839), which is the creditor of the provisional seizure, was prepared in order of 4th order to the Defendant, who is the creditor of the above auction case, and the distribution schedule which distributes the amount of KRW 25,279,391 to the Plaintiff, who is the person having the right to demand distribution (hereinafter “instant distribution schedule”).

C. The Plaintiff attended the aforementioned date of distribution, and raised an objection against the entire amount of distribution (13,39,058 won) to the Defendant, and filed the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2, 3, and 5, argument and judgment of the whole pleadings

A. The Plaintiff asserts that the Defendant’s provisional attachment order against D was revoked by the court’s revocation of provisional attachment order 2019Kadan197, 2019Kadan195, and thus, the Defendant’s right to receive dividends as a provisional attachment creditor.

B. Since the Defendant submitted a written reply to all of the Plaintiff’s arguments and did not appear on the first date for pleading, it is deemed that the Defendant led to the confession of the Plaintiff’s allegation.

C. Therefore, since the defendant does not have the right to receive dividends in the above auction case, the defendant shall pay 13,339,058 won, which was distributed to the defendant in accordance with the plaintiff's argument, to the plaintiff.

Ultimately, among the distribution schedule of this case, the sum of KRW 13,339,058 in the amount of dividends to the defendant is KRW 8,092,125, 5,246,933 in the amount of dividends to the defendant, and KRW 25,279,391 in the amount of dividends to the plaintiff should be corrected to KRW 38,618,449 in each of the amount of dividends to the plaintiff.

Thus, the plaintiff's claim is reasonable, and it is so decided as per Disposition.