1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 9, 2014, the Busan District Court rendered a decision to commence compulsory auction on July 9, 2014, and E and F applied for the suspension of compulsory auction to suspend the above auction procedure, and on August 25, 2015, Incheon District Court issued a decision to suspend compulsory auction on the condition that deposit money is offered as security.

B. Accordingly, E and F deposited 150,167,531 won under the joint name of the Incheon District Court in 2015 as 7950 (hereinafter “instant deposit”). Since the said real estate compulsory auction case is completed, E and F made a request for cancellation of security as to the said deposit, each of them became final and conclusive, and the right to claim for payment of each deposit exists.

C. The Defendant seized F’s right to claim F’s payment of deposited money with F’s enforcement title of promissory notes (225,00,000 won) against F. The Plaintiff seized the right to claim F’s payment of deposited money with F’s enforcement title of the judgment (6,429,984,458 won) against E. D.

On March 30, 2017, the Incheon District Court prepared a distribution schedule of KRW 150,118,307, which is the amount to be actually distributed by the Defendant after deducting execution expenses, etc. in the case of the C distribution procedure for the above claim for payment of deposit, with the distribution ratio of KRW 50,059,153, the amount of dividends of KRW 48.474, the amount of dividends of the Plaintiff as the first collection authority, the amount of dividends of KRW 72,767,857, the amount of dividends of KRW 48.474, the amount of dividends of KRW 72,767,857, and the Non-Party detailed medical consumer cooperative as the first collection authority (hereinafter “instant distribution schedule”).

E. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection against the whole amount distributed by the Defendant among the instant distribution schedule, and filed a lawsuit of demurrer against distribution on April 4, 2017, which was within one week thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4 (including virtual number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Summary of the Plaintiff’s assertion 1 E and F.