A. On January 10, 201, the Defendant’s husband C concluded a contract with the Plaintiff’s husband to purchase (hereinafter “instant sales contract”) 140,000,000 the occupancy right of Mapo-gu Seoul E apartment 1201 Dong 402 (hereinafter “instant E apartment”).

B. Since then, C paid 42,845,00 won of down payment and late payment 3,525,028 won in lieu of D, and borrowed money from F to E, and paid the sales price to E, E, by borrowing money from F.

In addition, on April 26, 2011, the registration of creation of a neighboring apartment with the debtor C and the maximum debt amount of KRW 250,000,000 was completed in F.

C. However, on April 26, 2011, the registration of the transfer of ownership was completed in the D future with respect to the instant E apartment on the grounds that D’s failure to pay taxes on September 8, 2011.

Accordingly, C argued D to D that the above apartment house was sold at auction due to the above disposition on default and the ownership of C is not transferred to D, and D issued documents (Evidence 1) necessary for establishing the right to collateral security (Evidence 1) with respect to the land in Gyeyang-gu So-gu Seoul Metropolitan Government on February 27, 2012.

On September 4, 2012, C requested D to offer other collateral because it has no property value, and D issued a certificate of personal seal impression, certificate of registration right, certificate of resident registration, certificate of deposit of the plaintiff's resident registration, certificate of keeping of collateral security documents (Evidence No. 7) to secure the liability for damages to be borne when the auction procedure of the instant E apartment due to the disposition on default is in progress due to the disposition on default.

On the other hand, the custody certificate (No. 7) No. 2 of the collateral security document contains the following contents:

The custody documents necessary for the establishment of the right to collateral security are seized due to D delinquent taxes.