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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 9, 2013, the Plaintiff extended a loan of KRW 120 million to Nonparty B (hereinafter “instant loan”). Since B loses the benefit due to the foregoing loan obligation, the Plaintiff filed a lawsuit against B claiming a loan of KRW 20 million with the Seoul Central District Court Decision 2014Da263830, May 15, 2015, “Defendant (instant case B)” from the above court on May 15, 2015, paid to the Plaintiff the amount of KRW 121,274,675 and KRW 120 million from the date of full payment to the date of full payment, and the said judgment became final and conclusive on June 2, 2015.”
B. B and the Defendant, who were married on May 2, 1992, purchased on March 26, 2007 82.5/330 shares of each of the 82.5/330 square meters and 1/2 shares of each of the above 2nd apartment houses on the ground of the above sale on March 26, 2007, and completed the registration of ownership transfer as to the purchase shares of each of the above 2nd apartment houses on the ground of the above sale on June 15, 2007 (hereinafter the above site “instant site”; “the instant housing site”; “the instant housing site and the instant housing”; “B shares”; “the Defendant shares of the instant real estate; and “the Defendant shares of the instant real estate” on the instant real estate; “the Defendant shares of the instant real estate” on the instant B and the Defendant shares on the instant real estate; around 2007, around the maximum maximum debt amount, B, B08, B040 won to the Plaintiff; and
C. However, on October 15, 2014, upon the application for a compulsory auction of real estate (hereinafter “instant auction”) on the instant shares by Nonparty Co., Ltd., a creditor of Nonparty A Co., Ltd., the creditor of Nonparty B, the compulsory auction commenced on October 15, 2014, and on July 1, 2015, the instant shares were sold to Nonparty E in KRW 285,419,00. On July 29, 2015, the said court sold the instant shares to Nonparty B in KRW 285,466 (the maximum amount of claims KRW 26 million) to the Plaintiff as the second-class collective security right, and the fourth-class collective security right, as the fourth-class collective security holder, on July 29, 2015.