1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On March 4, 2016, the Plaintiff and the Defendant drafted a notarial deed under a quasi-loan contract (hereinafter “notarial deed”) stating that “The Plaintiff shall pay KRW 300 million to the Defendant by March 4, 2021, and if the Plaintiff fails to perform this, he/she shall immediately be subject to compulsory execution, even if he/she is subject to compulsory execution.”

B. On June 19, 2019, the Defendant received a seizure and collection order (Tgu District Court 2019TF 5875) regarding the claim for the expropriation compensation that the Plaintiff would receive from E Corporation as the title of execution.

After that, from the distribution procedure (Tgu District Court C), the distribution schedule was prepared to distribute the amount of KRW 224,868,574 to the defendant, the collection creditor, who was the collection creditor, on September 18, 2019, and the plaintiff raised an objection thereto.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The plaintiff's assertion that the defendant received a false demand for distribution based on the notarial deed of this case that is null and void, so the distribution schedule should be revised to delete the dividend amount of the defendant 24,868,574 won and deliver it to the plaintiff.

3. In case where the debtor raises an objection against the distribution schedule prepared in the distribution procedure for determining the legitimacy of the instant lawsuit, the debtor who has raised an objection against the creditor who does not have the executory exemplification shall file a lawsuit of demurrer against the distribution, and the debtor who has raised an objection against the creditor who has the executory exemplification of executive titles shall file a lawsuit of objection against the claim.

(Article 256 and Article 154(1) and (2) of the Civil Execution Act. Therefore, in a case where a debtor has raised an objection against a creditor who has an executory exemplification on the date of distribution, and thereafter filed a lawsuit of demurrer against the said creditor, not a lawsuit of demurrer against distribution, the said creditor shall be deemed an objection against distribution.