2. The costs of lawsuit shall be borne by the Plaintiff.

Therefore, the Plaintiff, who possessed securities invested in the Specialized Construction Mutual Aid Association (hereinafter “instant investment certificates”), should be paid a total amount of dividends.

2. Determination

A. Unlike the explicit provision (Article 148) regarding the scope of creditors entitled to receive dividends under the Civil Execution Act (Article 148), there is no express provision regarding the compulsory execution against movables (claims and other property rights).

However, in the interpretation, in order to become a creditor entitled to a dividend in the distribution procedure of this case, which is the procedure of compulsory execution against claims and other property rights, ① there is competition between seizure (or provisional seizure) and seizure (Article 235 of the Civil Execution Act), or ② there is a legitimate demand for distribution (Article 237 of the Civil Execution Act).

B. Article 59(4) of the Framework Act on the Construction Industry provides that “The seizure or provisional seizure of shares in accordance with civil execution procedures or the procedure for the disposition of default on national taxes, etc. shall be made by means of a seizure or provisional seizure of debt payable to order under Article 233 of the Civil Execution Act,” and Article 233 of the Civil Execution Act provides that “The seizure of bills, checks and other bonds transferable by endorsement, of which endorsement is prohibited, shall be effected by an execution officer under a seizure order of the court.”