1. A distribution schedule prepared by the said court on September 4, 2017 with respect to a compulsory auction case for real estate E to the Changwon District Court grace.

Facts of recognition

Plaintiff

On December 17, 1996, the provisional attachment registration (the provisional attachment registration of this case was completed on December 17, 1996, as to the creditor F, the claimed amount of 7,160,154 cubic meters (the Changwon District Court Order 96Kadan829 dated December 17, 1996, hereinafter referred to as the "the provisional attachment order of this case") owned by Changwon-gun, Chungcheongnam-gun, Seoul, and 1,326 cubic meters (hereinafter referred to as the "the real property of this case").

The National Diplomatic Fund, Inc. filed an application for a compulsory auction of real estate E with the Changwon District Court for the instant real estate owned by the Plaintiff, and the said court rendered a decision to commence compulsory auction on March 31, 2016.

(2) On September 4, 2017, on the date of distribution of the instant auction procedure, the said court prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that distributes the surplus amount of KRW 20,50,050,094 to the Plaintiff, the debtor and owner of the instant auction procedure, in the first order among KRW 81,851,284, the amount to be actually distributed, and KRW 39,583,021, and KRW 254, and the second order, to the person holding the right to a provisional attachment, and KRW 7,160,154, to the National Diplomatic Fund of the applicant creditor, the applicant and owner of the instant auction procedure.

On the date of distribution, the Plaintiff appeared at the court on the above date, and raised an objection to the full amount of KRW 7,160,154 to F. The Plaintiff filed the instant lawsuit on September 5, 2017, within one week thereafter.

On the other hand, on October 20, 2012, F died on October 20, 2012, and there is Defendant C and D, the wife, as the inheritor.

The Plaintiff filed an application against the Defendants for revocation of the instant provisional attachment order with Changwon District Court 2017Kadan155, and on January 9, 2018, the said court rendered a decision to revoke the provisional attachment order on the ground that the instant provisional attachment order did not bring a lawsuit to the extent that ten years have passed since its enforcement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, significant facts in this court, the purport of the whole pleadings, but the provisional attachment order issued by the creditor was revoked.