1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 22, 2016, the Plaintiff issued a collection order (hereinafter “instant seizure and collection order”) by specifying the following: (a) the debtor, the garnishee, the garnishee, and the claim amounting to KRW 83,098,870; and (b) specifying the claims to be seized and collected: (c) the seizure and collection order (hereinafter “instant seizure and collection order”).

The amount claimed by the debtor out of the amount claimed by the debtor to the third debtor in relation to the construction of Heatote apartment (hereinafter referred to as the "B") in the Nam-gu Nam-gu Seoul Metropolitan Government, which is supplied by the debtor to the third debtor, and the construction of the Hyundai Motor Research Institute Building in the Namyang-gu, Namyang-si (hereinafter referred to as the "Corporation").

B. On May 31, 2016, Hyundai Engineering Co., Ltd. deposited KRW 389,60,460, in total, KRW 19,783,148 as construction cost, ② construction cost, KRW 205,757 as construction cost, and KRW 164,06,85 as construction cost, for the Defendant’s creditors including the Plaintiff at the Seoul Central District Court of Seoul Central District.

C. The Plaintiff participated in the distribution procedure B of the Gwangju District Court (hereinafter “instant distribution procedure”) based on the instant seizure and collection order, but was excluded from the distribution on the ground that the seized claim was not specified.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the purport of the Plaintiff’s assertion was specified in the seizure and collection order, the court erred in excluding the Plaintiff from the dividend on the premise that the dividend court has no validity, and thus, sought correction of the distribution schedule, such as the entries in the purport of the claim.

B. A creditor who files an application for a provisional attachment or order of seizure on a judgment claim must clarify the type and amount of the claims to be seized (Articles 225 and 291 of the Civil Execution Act), in particular, the claims to be seized.