The judgment below

The part against which the conjunctive claim was rejected shall be reversed, and this part of the case shall be remanded to the Gwangju High Court.

The grounds of appeal are examined.

1. In the case of so-called mixed deposits made by mixing the deposit for execution and the deposit for repayment under the Civil Act, and if there is any dispute over the amount to be paid or repaid under the distribution schedule with the creditors, it is reasonable to settle the dispute at once in accordance with the single procedure, called a lawsuit of demurrer against distribution. Therefore, a person claiming that the deposit was not paid or repaid despite the rights to be paid, may file a lawsuit of demurrer against distribution against the other creditors indicated as being paid or repaid in the distribution schedule.

Therefore, a creditor who is legally entitled to receive the payment from the deposit can claim the distribution of the dividend to himself/herself by correcting the portion that cannot be the dividend foundation as the part of the dividend amount against the executory creditor through a lawsuit of demurrer against distribution.

(2) As to the portion of the lawful distribution foundation due to a deposit for enforcement, barring any other grounds for objection, the distribution order stipulated in the previous distribution schedule does not affect the order of execution distribution as to the portion of the distribution foundation. Therefore, even if a creditor’s claim is prior to or at least than another executor’s creditor’s claim under the distribution schedule or at least the same order of distribution was not erroneous, the amount of distribution shall be maintained to the extent that the distribution was still payable, and the revision of the distribution schedule shall be allowed only to the extent that the amount exceeds the amount of distribution. In the end, the correction of the distribution schedule shall be allowed.

2. According to the reasoning of the lower judgment and the evidence duly admitted, the following facts are revealed.

Jeju Special Self-Governing Province (hereinafter referred to as the "Do") shall set up the construction period from May 4, 2009 to September 1, 2009 with respect to the construction of field schools and gymnasium repair works (hereinafter referred to as the "instant construction works") on April 30, 209.