1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a creditor who received a final and conclusive judgment on KRW 228,201,105 in the Seoul Central District Court Decision 2015hap24916 in the case of construction cost rent, etc., which was brought against Nonparty M&A Development Co., Ltd. (hereinafter “Nonindicted Company”), the debtor, and damages for delay.

(hereinafter “Plaintiff’s credit”). (b)

Based on the claim based on the above final judgment, the Plaintiff requested a seizure order against the non-party company against the non-party company by setting the garnishee as a specialized construction mutual aid association (hereinafter “Construction Mutual Aid Association”) as the Suwon District District District Court’s Eunpyeong-2565, and the court issued a seizure order against the non-party company on May 23, 2016, and the seizure order reached the non-party company and the above construction mutual aid association on May 27, 2016.

(hereinafter “instant seizure order”). C.

On the other hand, on May 23, 2016, the Defendant issued an order of seizure of investment certificates to the non-party company and the third debtor's construction mutual aid association and the non-party company's construction mutual aid association with the amount of 16,696,107 Won-gu District Court 201.

On August 9, 2016, Suwon District Court Decision 2016No3698, the execution officer of Suwon District Court seized and kept 19 shares of investment to the construction mutual aid association of the non-party company (hereinafter “instant investment certificates”) in accordance with the decision of the creditor, the non-party company, the third debtor construction mutual aid association, the executive titles of the non-party company, and the decision of this court 2016TT2373.

E. On December 16, 2016, the Defendant filed a motion to seize the instant investment certificates and to make a special cash account (No. 2016TT 4219). Accordingly, the distribution procedure of the instant investment certificates was conducted by the court B (hereinafter “instant distribution procedure”). In the distribution procedure, the Plaintiff is the Plaintiff’s investment certificate of the Suwon District Court KRW 2016T 2565.