1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 2010 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by D, the provisional registration of ownership transfer security was completed on the ground of the promise to return property under the Defendant’s name on December 30, 2010, and on January 19, 2012, the provisional registration was cancelled, and the provisional registration of ownership transfer claim based on the trade reservation was completed on the same day under the Defendant’s name (hereinafter “the provisional registration of this case”).

B. Since November 5, 2012, the registration of the decision to commence compulsory auction was completed upon E’s application for compulsory auction on the instant real estate, and on January 11, 2013, the registration of provisional attachment of KRW 220,000,000 (hereinafter “instant provisional attachment”) was completed under the Plaintiff’s name on January 11, 2013.

C. On July 18, 2013, the above auction court determined the amount to be actually distributed as KRW 265,284,063, which is the date of distribution, as KRW 109,535,549, among which, to Samsung Life Insurance Co., Ltd., the first mortgagee, the second mortgagee, the second mortgagee, the second mortgagee, the third mortgagee, the third mortgagee, the total amount of KRW 78,917,808, and divided the remainder of KRW 76,830,706, and divided the remainder of KRW 24,85,035, the third claimant, the third mortgagee, the second mortgagee, the second mortgagee, the second mortgagee, the second mortgagee, and the second half,5,463, and the second half,575,463, and the second,40,208, among which the Plaintiff, the person having the right to demand a distribution (hereinafter referred to as “instant distribution schedule”).

The Plaintiff appeared on the date of the above distribution, and raised an objection against the whole dividend amount of the Defendant, and filed the instant lawsuit on July 23, 2013, which was within one week thereafter.

E. Afterwards, the Plaintiff filed a lawsuit against G, a corporation with D and D as the representative director, claiming damages, which is the main lawsuit of the provisional seizure of this case, and the appellate court (Seoul High Court 2013Na65798) of the said lawsuit on January 16, 2015 (Seoul High Court 2013Na65798). The amount calculated by the ratio of KRW 158,493,410 to the Plaintiff jointly and severally, and the amount of KRW 5% per annum from October 11, 2011 to January 16, 2015, and the amount of KRW 20% per annum from the next day to the date of full payment.