A. On July 6, 1989, the Plaintiff and the Defendant married and married children C, and on January 31, 2013, agreed on the burden of divorce and child support, and reported divorce on March 28, 2013.

B. The Plaintiff resided together with the Defendant in the apartment indicated in the separate sheet (hereinafter “instant apartment”), which is owned by the Defendant, and resided in the instant apartment after March 28, 2013, which is a shared divorce.

C. As to the instant apartment to the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), the Defendant completed on May 8, 2013 the registration of the establishment of a mortgage over the amount of KRW 360,000,000 with respect to the instant apartment, and on November 27, 2014, the registration of the establishment of a mortgage over the amount of KRW 360,000 with respect to the Defendant and the maximum debt amount of KRW 360,000,000 with respect to the instant apartment.

On June 17, 2016, Seoul Central District Court H of the Korea Exchange Bank, which was the mortgagee, issued a voluntary decision to commence the auction on the instant apartment. At the above auction procedure (hereinafter “instant auction procedure”), I acquired the ownership of the instant apartment by fully paying KRW 1,283,660,000 on October 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1-2, Gap evidence No. 38, and the purport of the whole pleadings

2. As to this part of the judgment on the existence of the defendant's obligation to transfer ownership, this court's reasoning is the same as the corresponding part of the judgment of the court of first instance (as of 3, 6, and 4, 20). Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Occurrence of liability for damages;

A. According to the facts acknowledged earlier, the Defendant bears the Plaintiff’s duty to transfer ownership registration on the instant apartment based on the agreement on the division of property (hereinafter “instant agreement on the division of property”) on January 31, 2013, but established the respective maximum debt amount of KRW 360,000 with respect to the Korea Exchange Bank after the agreement on the division of property, and the secured debt.