1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 3, 2013, the Suwon District Court rendered a collection order for the claim for deposit against the Korea Bank and the Korea Exchange Bank, Korea, Inc., and the Korea Exchange Bank, as the executory exemplification of the judgment on the case of construction cost, KRW 2013,591, which is the Suwon District Court’s horizontal District Court’s KRW 2013,00,000,000,000,000,000,000 won as the executory exemplification of the case of construction cost, and issued a collection order from the above court.

B. As to the deposit claims against the bank, etc., Hanwon District Court Decision 2011Kahap8447, Changwon District Court Decision 2011Gahap8447, which is an executory exemplification of the construction cost case, Defendant Scep applied for the seizure and collection order of the claim from the above court on January 14, 2014, and received the seizure and collection order of the claim from the above court.

C. On October 14, 2014, on the date of distribution of the instant distribution procedure, the instant court drafted a distribution schedule with the content that distributes KRW 2,790,985 (the distribution rate of KRW 14.58%) to Defendant C&P in the first order to Defendant C&P (the distribution rate of KRW 16,352,157 (the distribution rate of KRW 85.42%) in the first order to Defendant C&P (hereinafter “instant distribution schedule”).

Hansung L&D filed an objection against the Defendants as to the entire amount of dividends on the aforementioned distribution date, and filed a lawsuit of demurrer against the distribution of this case.

E. Meanwhile, on March 30, 2015, Hansung L&C received a decision on commencing rehabilitation procedures from Suwon District Court 2015 Gohap1006, and the Plaintiff was appointed as a custodian.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, purport of whole pleadings

2. We examine ex officio the legitimacy of the instant lawsuit, and Article 154 of the Civil Execution Act provides that “A debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles (excluding provisional seizure creditors), and a creditor who has raised an objection against another creditor, shall file a lawsuit of demurrer against distribution,” and “a creditor who has an executory power” under paragraph (2).