The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

The Defendant filed a claim for the purchase price against the Plaintiff and D as Seoul Eastern District Court Decision 2014Kadan23684, and the procedure was initiated by public notice against the Plaintiff, and the judgment in favor of the Plaintiff on November 27, 2014 (hereinafter “related judgment”) became final and conclusive at that time. Based on the above, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claim against the Han Bank, etc. as the Seoul East Eastern District Court Order 2014Kadan23684, and accordingly, issued a favorable order on November 27, 2014.

On April 8, 2015, the third debtor bank deposited the plaintiff's deposit amount and made a distribution schedule of 16,037,81 won against the defendant on the distribution date.

On April 9, 2015, the Plaintiff raised an objection against the whole amount of dividends of the Defendant on the date of distribution.

On February 9, 2015, the Plaintiff submitted a petition of appeal subsequent to the relevant judgment.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, facts which are apparent in the record, and the purport of the whole pleadings as to the defendant's assertion of judgment on the defense prior to the merits of the lawsuit is an executory title creditor, and thus the plaintiff files a lawsuit of objection, and the compulsory execution by related judgment is not suspended. Thus, the lawsuit of objection against distribution of this case is unlawful.

Judgment

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.

(Article 256 and Article 154(1) and (2) of the Civil Execution Act. Therefore, a debtor is not subject to an objection against a creditor who has an executory exemplification on the date of distribution, but is not subject to an objection against such creditor.