1. The instant lawsuit shall be dismissed.

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

1. If the creditor intends to file a lawsuit of demurrer against the distribution, he/she shall appear on the date of distribution and raise an objection;

The plaintiff did not appear on the date of distribution of this case and raised an objection, so there is no standing to sue of a lawsuit of demurrer against distribution.

The plaintiff asserts that he did not receive a legitimate notification of the date of distribution.

However, since the court of execution served the plaintiff's domicile confirmed on the record and served the plaintiff with an unknown recipient, the court of execution notified the date of distribution by public notice, it cannot be deemed that the above measures were erroneous.

2. Furthermore, even on the merits, the Plaintiff’s assertion cannot be accepted.

Plaintiff’s assertion

The summary is as follows:

With respect to the instant deposit, “The real estate provisional attachment order of the Defendant (Seoul East Eastern District Court 2014Kadan2138), ② the Plaintiff’s claim attachment and assignment order (this Court 2015 Tadan6733), and ③ the Plaintiff’s claim provisional attachment order (this Court 2015Kadan1711) were concurrent in order. Therefore, even if the Plaintiff cannot receive dividends based on the claim attachment and assignment order, referring to the judgment of demurrer against the Plaintiff (this Court 2015Kadan37152, Jun. 30, 2016), the Plaintiff shall receive dividends pursuant to the provisional attachment order of the claim.” If another creditor has received an order of seizure with respect to the amount of provisional attachment deposit, the deposit officer shall report the reason to the executing court without delay, and in this case, the executing court shall commence the distribution procedure.

In addition, the completion period to demand a distribution has arrived due to such report and the subsequent demand for distribution is interrupted (see Supreme Court Decision 2009Da88112, May 24, 2012). (3) The Plaintiff’s provisional attachment decision on claims should be made on August 19, 2015, which is after the commencement of the distribution procedure by filing a report on the grounds of the deposit officer (see, e.g., Supreme Court Decision 2009Da88112, Jun. 25, 2015).