A. The Plaintiff’s monetary claim against Nonparty C was filed a lawsuit against C, D, and E on October 5, 2010, and the Seoul High Court (2012Na76579) rendered a judgment on June 7, 2013 that “C, D, and E jointly and severally with the Plaintiff KRW 210,563,591 and the amount of money calculated at the rate of 5% per annum from January 12, 2011 to June 7, 2013, and 20% per annum from the next day to the date of complete payment.” The above judgment was finalized on September 12, 2013.

B. On February 13, 2001, an apartment building listed in the attached list of C’s gift act (hereinafter “the apartment of this case”) is a real estate that Nonparty C acquired the ownership, and the Plaintiff applied for a compulsory auction (F) of real estate with the title of execution on September 19, 2012. However, on the ground that the title of execution C is “G” and the indication of title C is different from that of the owner C on September 20, 2012, the Plaintiff was ordered to make a correction to explain that it is the same person on September 20, 2012.

On October 30, 2012, the Plaintiff received a decision to rectify “G” from the Seoul High Court to “C”, and submitted a written amendment to the Auction Court on November 5, 2012. However, on November 1, 2012, the Plaintiff had already completed the registration of ownership transfer on the instant apartment on November 1, 2012 (hereinafter “instant donation”).

Accordingly, the plaintiff's application for compulsory auction of real estate was dismissed on November 8, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 12, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The creditor's legal act is likely to cause a decrease in the debtor's whole property, that is, the creditor's claim due to the decrease in assets by the debtor's act of disposal of the debtor's property, which causes a shortage in the joint security of claims or lack in the joint security already in shortage.