1. The Defendant shall pay to the Plaintiff KRW 54,265,023 and the interest rate of KRW 15% per annum from February 27, 2018 to the date of full payment.

1. The reasons for the claim are as shown in the annexed sheet of claim;

The main points are as follows:

On December 26, 2001, the provisional attachment registration of KRW 91,00,000 was completed for the instant real estate owned by A in the name of KD Investment Fund Board Co., Ltd. (the claim was reverted to the Plaintiff. The transferor of the claim was referred to as the “Plaintiff”); on May 9, 2002, the provisional attachment registration of KRW 23,173,000 was completed in the name of the Korea Asset Management Corporation (the claim was reverted to the Defendant; the claim transferor was referred to as the “Defendant”); and on November 21, 2002, the ownership transfer registration was completed in the name of B on November 21, 2002.

The instant real estate was awarded in KRW 117,785,580,000 on November 27, 2017, 120,050,000, with the exception of execution expenses, etc., during the auction procedure, and was distributed as follows.

On March 7, 1998, the secured claim of provisional seizure, which was made in the name of the National Agricultural Cooperative Federation, seems to have been repaid at the time of successful tender.

[Evidence] Facts without dispute, Gap 1 through 6, Eul 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff and the Defendant transferred the ownership of the instant real estate to B after the provisional attachment, the amount of credit entitled to participate in the instant real estate auction procedure is limited to the amount of provisional attachment, the Plaintiff’s amount of credit is KRW 91,00,000, and the amount of credit of the Defendant is KRW 23,173,000.

Since the portion exceeding KRW 23,173,00, out of the claims against A, a provisional attachment debtor of the defendant (Korea Asset Management Corporation), exceeds KRW 23,173,00,00 is already extinguished due to the completion of prescription before filing the lawsuit, the amount of credit of the defendant is KRW 23,173,00.

B. Since there is no heat between the Plaintiff and the Defendant that was provisionally seized before the ownership of the instant real estate was transferred to B, the distribution of dividends ought to be made in proportion to each claim amount.

3. Determination

(a) When the ownership of the object of provisional seizure has been transferred to a third party after the enforcement of the provisional seizure.