1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

A lawsuit of demurrer against distribution is filed for the purpose of blocking the distribution of dividends in accordance with the distribution schedule after the distribution schedule became final and conclusive. In the case of a creditor of provisional seizure, even if the distribution schedule was prepared and confirmed without any objection, the creditor of provisional seizure can immediately receive the dividend amount, but the creditor of provisional seizure was deposited pursuant to Article 160 (1) 2 of the Civil Execution Act, and the creditor of provisional seizure can receive the deposit pursuant to Article 161 (1) of the Civil Execution Act only when he/she acquires executive title, such as the principal judgment or the protocol of compromise. Thus, the debtor does not directly suffer any direct disadvantage due to the confirmation of the distribution schedule. In addition, the debtor may seek revocation of provisional seizure by filing an objection against provisional seizure or an application for order, or seek revocation of provisional seizure in cases where the absence of preserved claims becomes final and conclusive by the final judgment on the merits (Article 154 (1) of the Civil Execution Act excludes the creditor of the lawsuit of demurrer against distribution from the opposite party to the lawsuit of demurrer against distribution).

However, comprehensively taking account of the overall purport of the pleadings as to the statement No. 1, the Defendant, as a person holding a provisional attachment on February 29, 2016 (Scheon District Court Branch Branch Branch Branch Branch Branch Branch Office 2007Kadan1180), may recognize the fact that the Defendant received dividends of KRW 821,418 in the same court C distribution procedure. Thus, the lawsuit of demurrer against the Defendant, who is the debtor, who is the provisional attachment obligee, is unlawful as a lawsuit against the Defendant, against

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.