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 obligor of the dividend procedure case stated in the purport of the claim. The Defendant, as the obligee of the above dividend procedure case, is a creditor of the above distribution procedure case, the Defendant is a person who was issued the order of seizure and assignment of the claim to which the provisional attachment was transferred to the provisional attachment under the Jung-gu District Court No. 2015, 1953, based on the executory exemplification of the judgment of transfer between

However, the Plaintiff paid not only the full amount of the construction price to the above Esssus Korea until the Plaintiff transferred the claim for construction price to the Defendant, but also the seizure and collection order of two recommended bonds has already reached the Plaintiff. Therefore, the said assignment of claims is null and void.

Therefore, 270,768,133 won should be corrected to 00 won among the dividend table of this case.

2. Judgment on the main defense of this case

A. In a case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure of the relevant legal doctrine, the creditor himself/herself, who has an executory exemplification of the executory title, that is, the debtor who has raised an objection as to the existence of a claim or the scope of the claim, shall exclude the executory power of the executory power of the claim. Therefore, a lawsuit of demurrer

(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 scope of the claim, and may receive a decision to suspend execution. Thus, a lawsuit of demurrer against a judgment with a declaration of provisional execution cannot be filed, on the ground that an obligor cannot bring a lawsuit of demurrer against a creditor who has an authentic copy of the judgment, in order to challenge the existence

B. Determination 1 is based on the above legal principles.