1. The plaintiff's claim is dismissed.

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

1. Basic facts - The defendant, as the creditor of the non-party C, filed a lawsuit against the non-party C on the loan claim of the Suwon District Court Decision 2017Kadan22063, and the judgment in favor of the defendant that "C shall pay 40 million won and delayed damage" (hereinafter referred to as "the judgment in this case"), and the above judgment became final and conclusive.

D, the owner of the instant real estate, died on October 23, 2016, and the Plaintiff, his spouse, and C, his wife, jointly inherited D. -

On August 23, 2018, the Defendant completed the inheritance subrogation registration on the instant real estate in subrogation of C on the basis of the claim based on the judgment of execution of this case, and filed an application for compulsory auction on the share C of the said real estate (hereinafter “instant real estate share”) with this court E, and completed the registration of the compulsory commencement decision on September 5, 2018 -

On the other hand, the Plaintiff filed a claim against Suwon District Court for the adjudication on the division of inherited property with the Suwon District Court Branch 2016Dhap135, and the said court rendered a divisional adjudication on July 4, 2017, but the Plaintiff filed an immediate appeal with the Seoul High Court 2017B277.

On August 21, 2018, the Seoul High Court rendered a decision that “the Plaintiff alone owns the instant real estate, and the Plaintiff paid KRW 22,775,901 to C,” and the said decision was finalized on September 8, 2018.

[Ground of recognition] Unsatisfy, each entry of Gap1-3 evidence (including attachment of a provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) was decided to divide the inherited property by means of the Plaintiff’s sole inheritance, and the division of inherited property takes effect retroactively to the time the inheritance commenced. Therefore, since the Plaintiff acquired the instant real property solely on October 23, 2016 when D died, compulsory execution regarding the Defendant’s share in the instant real estate should be denied. 2) The Defendant’s assertion is a compulsory auction application for the instant real estate share in the Defendant’s assertion.