1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. E filed a lawsuit against B for construction cost claim as Seoul Central District Court 2005Kadan69800.

On November 8, 2006, the court rendered a ruling that “B shall pay E 150,518,173 won and 25% interest per annum from May 7, 2005 to the date of full payment.” The above ruling became final and conclusive on December 1, 2006.

The plaintiff is the successor to the judgment bond.

B. The Plaintiff filed an application with the Seoul Eastern District Court No. 2015Kao4210 for property specification as to B based on the said final judgment.

On August 28, 2015, the court rendered a ruling to submit a list of property.

The above decision was served on B on September 2, 2015.

C. On September 3, 2015, B concluded a real estate sales contract with the Defendant for the purchase price of KRW 435,000,000 (contract amounting to KRW 35,000,000, the remainder of KRW 400,000) with respect to the instant apartment.

On September 3, 2015, the provisional contract amount of KRW 4 million was paid, and the remainder of down payment was paid in KRW 31 million following the following day.

The Agreement was drawn up on September 4, 2015. D

The defendant completed the registration of ownership transfer of the apartment in this case on September 8, 2015.

E. In the instant real estate, ① the establishment registration of a mortgage-backed property (hereinafter “mortgage-mortgage”) and the establishment of a mortgage-backed property (hereinafter “mortgage-backed property”) by the debtor F (B), ② the savings bank, the maximum debt amount, KRW 58,500,00, and the debtor B’s establishment registration of a mortgage-backed property (hereinafter “mortgage-backed property”) were registered.

① On September 24, 2015, the Defendant completed the registration of change of the right to collateral security with the debtor on the ground of the acquisition of the contract on September 24, 2015. On October 28, 2015, the Defendant cancelled the registration of establishment of collateral security on the ground of termination. ② On September 9, 2015, the registration of establishment of collateral security on the KU Savings Bank was cancelled on the ground of termination.

F. The transaction amount calculated by KB in the same area as the D Apartment 5th of September, 2015 is KRW 435,000,000.

[Reasons for Recognition] Facts without dispute, Gap 2-5 evidence, Eul 10, 13, 15 evidence, and Eul 33-1.