The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff and the Defendant reported the marriage on October 8, 2007, and the divorce became final and conclusive on August 4, 2017.

B. On October 16, 2012, the Plaintiff completed the registration of ownership transfer on October 12, 2010 regarding real estate listed in the separate sheet (hereinafter “instant real estate”) on October 16, 201.

On June 25, 2015, the defendant received a decision of provisional seizure (Seonam District Court 2015 business group 2015 business group 60078) with a claim amount of KRW 200 million as to the real estate in this case, and the registration of provisional seizure was completed on June 26, 2015.

C. On May 29, 2019, the Seoul Family Court rendered a judgment on the division of property, etc. between the Plaintiff and the Defendant, including the Seoul Family Court 2017dhap36741 (principal lawsuit) and the division of property, etc.

According to the above judgment, the plaintiff shall pay 29,870,000 won and damages for delay to the defendant as division of property, and the active and passive property under the name of the original defendant shall belong to each person under his/her name.

Although the Defendant appealed the above judgment, the judgment dismissing the appeal was rendered on October 31, 2019.

Seoul High Court (Seoul High Court 2019Reu2258 (Mainate), 2019Reu2265 (Counterclaim)). The Defendant appealed, but the judgment dismissing the appeal was rendered on March 12, 2020.

(Supreme Court Decision 2019Meu16035).

The defendant has occupied the real estate of this case until now.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Gap evidence 7, Gap evidence 8, all purport of oral argument

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, since the defendant without any title possessed the real estate of this case owned by the plaintiff, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. As to the Defendant’s assertion, the Defendant provisionally attached the claim amounting to KRW 200 million, and the Defendant occupied the instant real estate without title at the time the trial on division of property was conducted.