1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 15, 2016, the real estate auction procedure was conducted by the Changwon District Court was as to the real estate owned by Nonparty C, Jinwon District Court Decision 2015KaKa7649. On February 15, 2016, with the Plaintiff’s claim claim amounting to KRW 78,70,000 as the Plaintiff’s claim amounting to KRW 78,70,000 for the damage claim against Nonparty C (hereinafter “instant provisional attachment order”). As to the real estate owned by Nonparty C, C was decided to provisionally seize the dividend claim to be paid from the Republic of Korea (hereinafter “instant provisional attachment order”).

B. On March 14, 2016, the said auction court prepared a distribution schedule to distribute KRW 155,078,393 to C’s creditors the amount to be actually distributed, and distribute the remainder of KRW 53,926,811 to C with surplus funds (hereinafter “the instant surplus funds”).

C. The Plaintiff filed a lawsuit against Nonparty C with the Changwon District Court Jinju Branch 2016Kadan1522, and received a judgment from the said court that “C shall pay to the Plaintiff 78,70,000 won and the amount equivalent to 5% per annum from January 22, 2016 to March 11, 2016, and 15% per annum from the next day to the date of complete payment.” The above judgment became final and conclusive.

On June 14, 2016, the Plaintiff was issued a seizure and collection order stating that KRW 82,373,905 as the claim amount was transferred to the principal seizure of the instant provisional seizure by Jinwon District Court 2016TTT2277, Jinwon District Court, the remainder of KRW 3,673,905, and that it may collect the surplus claim of this case.

E. Meanwhile, on March 21, 2016, the Defendant seized the instant surplus claim based on the claim amounting to KRW 119,825,390, total capital gains tax and comprehensive real estate holding tax on C as the claim amount.

F. In the instant distribution procedure for the surplus claim of this case, a distribution schedule was formulated to distribute the amount of KRW 53,936,390, which is to be distributed to the Defendant in the first order, after deducting the execution cost.

[Grounds for recognition] oral argument.