1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion that the defendant received KRW 451,524,192 based on the judgment of the Suwon District Court which rendered a declaration of provisional execution (Counterclaim) and KRW 2016,10270,207, 2017,8786 (Counterclaim), and the above judgment did not become final and conclusive as it is currently pending in the appellate trial, and thus, the defendant asserts that the correction of the distribution schedule as stated in the purport of the claim is sought.

2. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure, the creditor himself/herself who has an executory exemplification of executive titles, namely, the debtor who has raised an objection as to the existence of a claim or the scope of an executory title, shall exclude the executory power of executive titles. As such, a lawsuit of demurrer against a claim shall be filed and a lawsuit

(Article 154(2) of the Civil Execution Act. A judgment with a declaration of provisional execution may not file a lawsuit of demurrer against a claim unless the judgment becomes final and conclusive (Article 44(1) of the Civil Execution Act). However, an obligor may, by appeal, exclude the executory power of the judgment by disputing the existence or the scope of the claim and may receive a decision to suspend execution. As such, a lawsuit of demurrer against a judgment with a declaration of provisional execution cannot be brought, on the ground that an obligor cannot bring a lawsuit of demurrer against a creditor with the original copy of the judgment in order to challenge the existence

(Supreme Court Decision 2013Da86403 Decided April 23, 2015). 3. In accordance with the conclusion, the Plaintiff’s claim is dismissed. It is so decided as per Disposition.