1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 20, 2019, the Plaintiff: (a) obtained a provisional seizure order on KRW 78,607,123, out of the claims for the construction cost of E created construction work against the Jeju City (hereinafter “the instant claim for construction cost”); (b) on October 16, 2019, the provisional seizure order on KRW 78,607,123, based on the provisional seizure order on the above claims was transferred to the original seizure; (c) additionally, KRW 6,189,170 out of the above claims for construction cost; and (d) received a collection order on KRW 84,796,293 from the above claims for construction cost; and (e) received a collection order on KRW 84,79,293 from the above claims for construction cost upon the provisional seizure order on KRW 16,000 (Cheongju District Court Branch Branch Court Decision 2019Da3983, Sept. 3, 201).

B. On November 16, 2018, the Defendant: (a) received a provisional seizure order against D in respect of KRW 130,000,000, out of D’s instant construction cost claim against D’s Jeju on October 8, 2019 (Cheongju District Court Decision 2019Kadan10275); and (b) received a provisional seizure order against D’s claim on October 22, 2019 (Cheongju District Court Decision 2019Kadan10275); and (c) the provisional seizure order against the said claim was served on Incheon, a garnishee on October 22, 2019.

C. On October 22, 2019, Jeju District Court deposited KRW 78,607,130 of the remaining obligation for the payment of construction price to D on the ground that the decision of seizure and provisional seizure of claims was concurrent (Cheongju District Court Decision No. 506, Nov. 21, 2019). This Court drafted a distribution schedule with the content that the Plaintiff distributes KRW 30,917,704, out of KRW 78,317,201, excluding the execution cost on November 21, 2019, KRW 47,39,497, to the Defendant.

On the date of distribution, the Plaintiff raised an objection against the whole amount of dividends to the Defendant on November 22, 2019, which was within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is between F and E-gu, the representative of D, and the Plaintiff.