A. The Plaintiff is a creditor of the amount taken over according to each judgment of Seoul Central District Court No. 2011Gaso24345, Seoul Central District Court No. 2011Gaso1301097, respectively (hereinafter “1 and 2 claims”).

B. In around 2014, the Plaintiff filed an application for compulsory auction of real estate No. 1507 (hereinafter referred to as “instant real estate”) with respect to the Gangseo-si Branch Branch Branch of the Chuncheon District Court A, Gangnam-si, Seoul District Court B (hereinafter referred to as “instant real estate”), and rendered a decision to commence compulsory auction on December 15, 2014.

(hereinafter “instant auction”). On the other hand, the Plaintiff made a demand for distribution of the second claim in the instant auction procedure.

C. On August 16, 2001, the Defendant received the provisional attachment order of KRW 21,872,547 of the claim amount as to the real estate of this case by the Gangnam District Court 2001Kadan3697 (hereinafter “the provisional attachment order of this case”), and the provisional attachment registration was completed on the same day.

On August 13, 2015, a court of execution prepared the instant distribution schedule with the content that: (a) the Defendant, as the person holding the provisional attachment of this case, KRW 12,709,293 as the person holding the instant provisional attachment; (b) the Plaintiff, as the applicant creditor; and (c) the Plaintiff, as the person holding the right to demand a distribution, distributes each of the KRW 10,552,77

E. The Plaintiff appeared on the aforementioned date of distribution, and stated an objection against the total amount of distribution to the Defendant, and filed the instant lawsuit on August 19, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s claim for the instant provisional attachment against B did not exist, and thus, the instant distribution schedule should be corrected as it distributes the total amount of the dividend amount to the Defendant to the Plaintiff out of the instant distribution schedule (hereinafter “instant Claim 1”).

(2) 2) The right to the provisional seizure of this case (claim Claim) is ① the Defendant’s loans on January 11, 201 to the Defendant’s total sum of the principal and interest of the joint and several surety loans on January 11, 201, KRW 9,03,643, and ② the loans on July 7, 200.