1. The part of the judgment of the first instance against the defendant against the plaintiff (appointed party) shall be revoked;

2. Suwon District Court E.

1. Basic facts

A. On June 23, 2014, the Suwon District Court distributed KRW 2,593,738 to the Defendant, who is the person holding the provisional attachment authority of the Seoul Central District Court 2009Kadan7371 on the date of distribution of the E case concerning the deposit money of KRW 20678, the Suwon District Court prepared a distribution schedule (hereinafter “instant distribution schedule”) stating that the Defendant, who is the person holding the provisional attachment authority of the Seoul Central District Court 2009Kadan7371, and the party claiming that the Plaintiff (the appointed party; hereinafter “Plaintiff”) or the Plaintiff’s transferee is the party holding the collection authority of KRW 2009 TaT 11393, the Suwon District Court distributed KRW 17,600,981 out of the amount of credit of KRW 48,39

B. The Plaintiff and the Selected F’s representative appeared on the aforementioned date of distribution, and G raised an objection against the Defendant regarding KRW 2,593,738 of the said amount of distribution. The Plaintiff and the Selected F filed a lawsuit of demurrer against the Defendant with the instant court on June 27, 2014, within one week from the said date of distribution, due to the status of the collection authority.

C. The principal case of the Seoul Central District Court case 2009Kadan7371 was finalized that the defendant's claims were not present in the first instance court case [2003Kahap19058, 2005Gahap76116 (Consolidated), Seoul High Court 2006Na53025, 2006Na53025, 2006Na63032 (Consolidated), Supreme Court 2007Da6113, 207Da61120 (Consolidated), Seoul High Court 2010Na54094, 2010Na54100 (Consolidated), Supreme Court 201Da63130, 201Da63147 (Consolidated)].

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. A. Since a lawsuit of demurrer against a distribution filed by a creditor of the legal doctrine passes a dispute over the amount of dividends among creditors who are the opposing parties, the judgment of the lawsuit should change the ownership of the distribution portion relative to the creditors who are the original and the defendant. Therefore, in a case where it is recognized that the defendant's claims do not exist, the amount of dividends reverted to the plaintiff out of the distribution portion in dispute shall be calculated.