1. The plaintiff's claim is dismissed.

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

Facts of recognition

On June 28, 2017, the Plaintiff, as a creditor of the debtor Yan Construction Co., Ltd. (hereinafter referred to as “stock company”), was subject to the Seoul Western District Court Decision 2017TTTTTTT 441 and the collection order for the claims against kin construction on the ground of executory exemplification of the Seoul High Court Decision 2013Na49759, Jun. 28, 2017. The amount of the preserved bond is KRW 102,939,591.

On June 16, 2017, the Defendant: (a) made a notary public a notarial deed of the Promissory Notes No. 2017, No. 122, 2017; (b) received the Seoul Western District Court Decision 2017TTTTT 5990, on June 26, 2017, on the basis of the authentic copy; (c) received the order of seizure and collection, and (d) the amount of the preserved claim is KRW 1,132,00,000.

In the case of the distribution procedure stated in the purport of the claim, the court of execution prepared a distribution schedule that distributes to C the amount of KRW 270,98,80 to be actually distributed on the date of distribution on September 11, 2017 to the creditors of each collection in that order. As a result, the court of execution prepared to C a distribution schedule that distributes to C the amount of KRW 6,017,146, KRW 21,305,150, KRW 29,298, KRW 234,287,214 to the Defendant.

The plaintiff appeared on the date of distribution, and raised an objection to the amount of distribution of the defendant, and filed the lawsuit of this case within seven days thereafter.

[Grounds for recognition] Although there is no ground claim between the defendant and the debtor tin Construction in the summary of the plaintiff's assertion as to the grounds for a claim as to Gap's evidence Nos. 1 and 5 and the purport of the entire pleadings, the defendant, in collusion with the defendant tin Construction, pretended to have a false claim for construction work, issued a promissory note based on it as if he had a false claim for construction work, and completed the relevant notarial deed, and received a seizure and collection order as to the claim for the ground construction of tin Construction, and accordingly, requested correction of the distribution schedule to the effect that the defendant deleted the amount of distribution against the defendant and distribute it to the plaintiff.

This Court.