1. The instant lawsuit shall be dismissed.

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

1. The Defendant asserted that the Plaintiff did not have a preserved claim against the Plaintiff, but received a provisional attachment order of KRW 2,189 square meters (hereinafter “instant real estate”) prior to the Gangseo-gun, Suwon-gun, Suwon-gun, Incheon District Court 2013Kahap623 as to the instant real estate. The said court prepared a distribution schedule to distribute the amount of KRW 101,64,781 to the Defendant, who is the person entitled to provisional attachment on August 20, 2015, who is the person entitled to provisional attachment, in the process of the auction for the real estate rent C, which was commenced with respect to the instant real estate.

Therefore, among the above distribution schedule, the amount of dividends to the defendant should be deleted, and it should be corrected to distribute it to the plaintiff, who is the owner and the debtor of the real estate in this case.

2. We examine the legitimacy of the instant lawsuit ex officio by examining whether the instant lawsuit is lawful.

According to Article 154 of the Civil Execution Act, an obligor who has raised an objection against a creditor who has not an executory exemplification (excluding those entitled to provisional seizure) shall file a lawsuit of demurrer against distribution, except for those who have the standing to file a lawsuit of demurrer against distribution with the debtor. This is when the Civil Execution Act deposit the amount of dividends against the creditor entitled to a provisional seizure in the distribution procedure, and when the reason for deposit has ceased to exist (when a provisional seizure creditor has acquired a final judgment which has an executory power in the principal lawsuit or other equivalent protocol of protocol or other title of execution), the deposit shall be paid to the creditor of provisional seizure. When the non-existence of the claim subject to provisional seizure becomes final in the principal lawsuit or the provisional seizure execution is revoked by revocation of the decision of provisional seizure, etc., the deposit shall be additionally distributed to other creditors (Articles 160(1)2 and 161(1) and (2) of the Civil Execution Act). Therefore, the obligor as a debtor has the title of execution in order to receive the dividends deposited above.