1. Defendant .. of the distribution schedule prepared by the said court on April 18, 2016 with respect to B real estate compulsory auction cases in the Gwangju District Court.

1. Basic facts

A. In the case of compulsory auction on real estate B in Gwangju District Court, the Plaintiff as a creditor, and Defendant 0 Agricultural Cooperatives (hereinafter “Defendant 00 Agricultural Cooperatives”) and A filed an application for dividend as a provisional seizure right holder.

B. On April 18, 2016, the said court distributed each of the KRW 1,189,368 to Defendant 00 Agricultural Cooperative, KRW 1,122,639 to Defendant A, and KRW 3,112,655 to the Plaintiff, on the date of distribution of the instant case (hereinafter “instant distribution schedule”).

The plaintiff appeared on the date of the above distribution and raised an objection against the dividend against the defendants.

C. Meanwhile, around 200, Defendant A received a provisional attachment order (hereinafter each of the instant provisional attachment orders) from the Gwangju District Court, Young-gun District Court 2000Kadan204 on the same real estate on June 16, 2005, as the Gwangju District Court, Young-gun District Court 2005Kadan372 on the land of the same real estate.

The plaintiff received the revocation decision of each provisional seizure of this case in the Young-gun District Court 2016Kadan65, etc., and the decision was finalized.

[Reasons for Recognition] The facts without dispute, Gap 1 through 5, Eul 2, and the purport of the whole pleadings (the defendant A shall be deemed to be a confession)

2. Determination

A. If the provisional attachment order issued by the creditor has been revoked, the creditor loses the status of receiving a dividend as the creditor of provisional attachment. Therefore, revocation of the provisional attachment order may constitute a ground for demurrer against the distribution against the creditor of provisional attachment in a lawsuit of demurrer against distribution.

Furthermore, in a lawsuit of demurrer against distribution, the Plaintiff may assert the grounds that occurred after the date of distribution and until the date of closing argument in the fact-finding court as well as the grounds for objection (see, e.g., Supreme Court Decision 2007Da27427, Aug. 23, 2007). As such, even in a case where the provisional attachment order was revoked during the lawsuit of demurrer against distribution

(See Supreme Court Decision 2015Da10523 Decided November 1, 2015, etc.). B.

On the part of this case, as seen earlier.