1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 14, 201, after the provisional attachment registration of KRW 600 million was completed in the Defendant’s name on June 14, 201 with respect to the C apartment 106 Dong 1102 in Gwangju City, which is owned by the debtor A, the Suwon District Court D's voluntary auction (hereinafter “instant voluntary auction”) was commenced on August 10, 201 at the request of the new bank, Inc., a mortgagee, a collateral security (hereinafter “instant voluntary auction”).

B. The instant real estate was sold on April 12, 2012 at the voluntary auction, and the same year.

5.25. The distribution of dividends has been made to the defendant, 24,272,517 won as the person holding the provisional seizure, and the executing court has been paid for the same year.

6. 5. Deposit of the above dividend amount against the defendant pursuant to Article 160(1) of the Civil Execution Act

(hereinafter referred to as “instant deposit money”) c.

The Defendant filed a lawsuit against E and the bankrupt debtor A seeking reimbursement of KRW 195,135,219 of the amount of reimbursement as 2013Gahap29498, and damages for delay thereof. On July 26, 2013, this Court rendered a judgment accepting all the Defendant’s claims (hereinafter “instant judgment”), and the instant judgment on the merits of this case was the same year.

8.17. Written Decision: D.

On the other hand, on June 17, 2014, the above bankruptcy debtor filed a petition for bankruptcy with this court under the order of 2014Han 6176, and this court declared bankruptcy against the above bankruptcy debtor on August 27, 2014 and appointed the plaintiff as the bankruptcy trustee.

E. After October 22, 2014, the Defendant paid KRW 24,279,832, including the instant deposit and interest thereon.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5, 6, 8, Eul 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion of the parties concerned has lost its effect against the bankrupt estate as compulsory execution, provisional seizure, or provisional disposition against the property belonging to the bankrupt estate based on bankruptcy claim. Thus, the defendant's assertion against A before paying the deposit of this case to the bankrupt estate.