1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff regarding the claim for a loan, and the Daejeon District Court, which is the legal ground of the first instance, rendered a judgment of provisional execution in favor of the Defendant on June 1, 2012, which rendered a judgment of favor of the Plaintiff on June 1, 2012.

In response to the plaintiff's appeal, the Daejeon District Court dismissed the plaintiff's appeal as of April 12, 2013 by the Daejeon District Court of Law No. 2012Na8954, and the plaintiff appealed again. The Supreme Court dismissed the plaintiff's appeal as of July 11, 2013 by the Supreme Court No. 2013Da34464.

B. The Defendant applied for a compulsory auction on the attached real estate owned by the Plaintiff on the grounds of the judgment of the court of first instance, and the Daejeon District Court K and L(combined) that commenced accordingly, in relation to the compulsory auction procedure for real estate, the said court distributed KRW 9,75,423 to the Defendant in the order of five of the amount to be actually distributed on the date of distribution on April 10, 2013, and prepared a distribution schedule to the effect that there is no money distributed to the Plaintiff who is the owner.

C. The Plaintiff appeared on the aforementioned date of distribution, and raised an objection to the entire amount distributed to the Defendant, and on April 17, 2013, which was seven days thereafter, filed a lawsuit of demurrer against distribution of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-1, 2, and 3

2. In a 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 did not have the executory exemplification shall file a lawsuit of demurrer against distribution. The debtor who has raised an objection against the creditor with the executory exemplification shall file a lawsuit of objection against a claim (Article 154(1) and (2) of the Civil Execution Act). If the debtor raises an objection against the creditor with the executory exemplification on the date of distribution, and thereafter files a lawsuit of objection against the said creditor, not a lawsuit of objection against the said creditor.