1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the auction procedure stated in the purport of the claim concerning C Apartment 5, 904, Dong-dong 904 (hereinafter “instant apartment”), which is owned by the Plaintiff, the Defendant, who is the person holding the provisional seizure, filed a report on the right and demand for distribution.

On January 21, 2014, a date of distribution by the court of execution, prepared and presented a distribution schedule that distributes KRW 8,206,135 to the Defendant, who is the debtor and owner, and KRW 0 to the Plaintiff, who is the debtor and owner (hereinafter “instant distribution schedule”), the Plaintiff stated an objection against the total amount of dividends to the Defendant.

B. The Plaintiff filed an application for individual rehabilitation with the Incheon District Court 2013 Session 17746, and received a decision to authorize the repayment plan on November 14, 2013.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the decision to authorize the repayment plan was made, the defendant's provisional attachment should lose its validity and change the amount of dividends to the defendant in KRW 0,00,00,000.

In regard to this, the defendant stated in the decision to authorize the repayment plan that "the compulsory execution, provisional seizure, provisional disposition, etc. based on individual rehabilitation claims become void at the time when the decision to grant immunity on the debtor becomes final and conclusive, notwithstanding Article 615 (3) of the Debtor Rehabilitation and Bankruptcy Act, the defendant's provisional seizure does not lose its effect."

(b) When a decision to commence individual rehabilitation procedures is made, compulsory execution, provisional seizure or provisional disposition against the property belonging to the individual rehabilitation estate on the basis of individual rehabilitation claims listed in the list of creditors shall be suspended or prohibited (Article 600(1)2 of the Debtor Rehabilitation and Bankruptcy Act and Article 600(1)2 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to authorize the repayment plan is made, compulsory execution, provisional seizure or provisional disposition based on the individual rehabilitation claims suspended pursuant to the provisions of