1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion is the debtor of this court C real estate auction case and the real estate owner. The defendant is the creditor of provisional seizure against the plaintiff as to the plaintiff's real estate. On October 23, 2012, the defendant is the creditor of provisional seizure against real estate of this court 2012Kahap813. In the above auction case, the auction court prepared a distribution schedule with the amount of dividends to the defendant 6,365,757 won on June 24, 2015, and the amount of dividends to the plaintiff 0 won. The provisional seizure order issued by the plaintiff as to the above provisional seizure order is revoked by the provisional seizure order, and there is no damage claim against the plaintiff against the plaintiff, and therefore the amount of dividends to the defendant 6,365,757 won on the above distribution schedule should be corrected to 6,365,757 won, and the amount of dividends to the plaintiff shall be corrected to 6,757 won, respectively.

2. In determining the legitimacy of a lawsuit of demurrer, Article 154(1) of the Civil Execution Act provides for a debtor who is to file a lawsuit of demurrer against distribution, the provisional seizure creditor is excluded from the other party to the lawsuit of demurrer against distribution explicitly by providing that “a debtor who has an executory exemplification against a creditor (excluding provisional seizure creditors) who has no executory exemplification,” and as long as the existence of the preserved claim is not confirmed, the dividends against the creditors against the provisional seizure creditor shall not be paid. As long as the preserved claim is not confirmed, the debtor may escape from the execution of the provisional seizure by seeking revocation of the provisional seizure in case where the revocation is sought upon the objection against provisional seizure or the absence of the preserved claim becomes final and conclusive by a final judgment on the merits.

Therefore, even if the debtor has filed an objection against the existence of the preserved right by the creditor against the provisional seizure on the date of distribution, the creditor of the provisional seizure in question is the defendant.