1. The instant lawsuit shall be dismissed.

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

1. On June 28, 2018, as a result of the auction of the real estate owned by the Plaintiff in the case of a compulsory auction by a real estate auction by Seoul Southern District Court C, the distribution schedule was prepared to distribute each of KRW 37,834,223 to the Defendant, who is the person holding the right of provisional seizure on the date of distribution, and other KRW 98,748,206 to the Defendant, who is the creditor, and KRW 169,160,959 to E.

In the above distribution procedure, the Plaintiff, a debtor, raised an objection to the dividend amount of the Defendant, and subsequently filed a lawsuit of demurrer against the distribution of the instant case.

[In the absence of any dispute, entry of Gap Nos. 5, 6, and 8]

2. The Defendant’s claim against the Plaintiff was finalized at the main lawsuit [Seoul High Court 2017Na2049394 (Main Lawsuit 2018Na2018052 (Counterclaim)] between the Plaintiff and the Defendant (the principal amount of KRW 37,791,700) and the Defendant’s interest of KRW 6,640,827 (the principal amount of the judgment).

On the basis of this, 22,568,850 won, D Co., Ltd. 103,927,934 won, E 179,246,604 won should be distributed to the Defendant, and therefore, the correction of the instant distribution schedule is sought as above.

3. We examine the legitimacy of the instant lawsuit ex officio prior to examining the Plaintiff’s assertion.

Article 154(1) of the Civil Execution Act provides that “A debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles (excluding provisional seizure creditors), and a creditor who has raised an objection against another creditor, shall file a lawsuit of demurrer against distribution.”

Article 160(1)2 of the same Act provides that “When a creditor’s claim to receive dividends is a creditor of provisional seizure, he/she shall deposit the dividends with the creditor of provisional seizure.”

Article 161(1) of the same Act provides that “When the cause for deposit is extinguished after depositing the amount of dividends to the creditor pursuant to the provisions of Article 160(1) of the same Act, the court shall either pay the deposit money or make the distribution of the deposit money.”

According to the above provisions, provisional attachment creditors.