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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On August 1, 2017, based on the executory exemplification of the judgment of the Seoul Central District Court Decision 2017Da13419, the Defendant issued a claim attachment and collection order regarding KRW 70,053,722 among the claims for construction cost, etc. that F had against Nonparty G and H, and the above order was served on Nonparty G and H on August 7, 2017.
B. On September 7, 2018, based on the executory payment order in the Seoul Central District Court Decision 2018 tea16860, Plaintiff A received a provisional attachment order and a collection order for the transfer of KRW 9,053,870 to Nonparty G and H, among the claims for construction cost, etc. that F has against Nonparty G and H, based on the executory payment order in the Seoul Central District Court Decision 2018 tea160, Sept. 7, 2018. The said order was served on Nonparty G on September 11, 2018, and on Nonparty H on October 13, 2018.
C. On November 17, 2017, based on the original copy of the decision on performance recommendation with executory power in the Seoul Northern District Court 2017 Ghana36254 case against F, Plaintiff B received a claim attachment and collection order as to KRW 16,764,452 from among the claims, such as the construction cost, etc. that F had against Nonparty G and H, as Seoul Central District Court 2017TT19603, and the said order was served on Nonparty G and H on November 22, 2017.
Nonparty G and H deposited the amount equivalent to the construction cost, etc. to be paid to F (the amount of the construction cost, etc. to be paid by foreign G and H to F was determined by the Seoul High Court Decision 2018Na2029113, Dec. 20, 2018) pursuant to Article 248 of the Civil Execution Act. In the instant dividend procedure commenced following the deposit, the Plaintiff A deposited the amount as the collection authority, and the Plaintiff B made a demand for distribution as to KRW 9,053,870, the collection authority, and KRW 16,764,4512 as the collection authority, and the Defendant made a demand for distribution as to KRW 66,219,584 as the collection authority.
E. The said distribution court opened a date of distribution on September 27, 2019 and set the amount to be actually distributed as KRW 148,177,055, including the Plaintiffs and the Defendant.