A. On December 16, 2014, the Defendant filed an application for provisional attachment of real estate (hereinafter “instant provisional attachment”) with the Seoul Central District Court (Seoul Central District Court Decision 2014Kadan57935, and received a decision of acceptance from the said court on December 24, 2014 regarding D, 4,144 square meters of forest land owned by the obligor C (hereinafter “instant real estate”).

B. On July 27, 2017, the auction court distributed 14,04,243 won to the Plaintiff for the third order of distribution, the person holding the right to demand distribution, the amount of credit 41,258,658, and the amount of credit 14,04,243 won to the Defendant on July 27, 2017, in Suwon District Court Sung-nam Branch A (hereinafter “instant auction procedure”), which is a real estate selling the instant real estate. The court prepared a distribution schedule that distributes 3,48,420 won to the Defendant for the third order of distribution, the person holding the right to demand a provisional attachment, and the amount of credit 14,40,656 won (hereinafter “instant distribution schedule”).

C. The Plaintiff appeared on the aforementioned date of distribution and raised an objection to the full amount of the Defendant’s dividends, and thereafter filed the instant lawsuit on July 31, 2017.

On the other hand, C died on November 5, 2014, before the provisional seizure of this case was applied.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 2 through 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The provisional attachment of the Plaintiff’s assertion is null and void as it is against the Plaintiff’s already deceased C. Thus, the amount of dividends to the Defendant in the instant distribution schedule shall be KRW 33,488,420,650, and the amount of dividends to the Plaintiff shall be KRW 6,274,005, and KRW 14,044,243, 41,258,658, respectively.

B. In the judgment, the provisional attachment of this case was applied to the defendant as the other party to the death C, and the decision of provisional attachment in the name of the deceased shall be null and void if the application was filed against the deceased (see Supreme Court Decision 82Meu884, Oct. 26, 1982). Thus, the decision of provisional attachment in the name of the deceased shall be null and void (see Supreme Court Decision 82Meu84, Oct. 26, 198).