1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff is the mother of the Defendant and E, and the Defendant is the mother of the Plaintiff. 2) The Plaintiff filed a petition for adjudication to commence adult guardianship with the Seoul Family Court 2016 Madan5222 against the Plaintiff. On December 6, 2016, the said court rendered adjudication to commence adult guardianship against the Plaintiff and appointed B as an incorporated adult guardian.

B. The ownership relationship, etc. with respect to the instant real estate 1) Seoul Dobong-gu Seoul Metropolitan Government F apartment G (hereinafter “instant real estate”).

On December 28, 198, the registration of transfer of ownership was completed under E’s name on December 29, 199, and on January 29, 199, the registration of transfer of ownership was completed on the ground of sale under the name of the Defendant. 2) The Plaintiff filed an application against the Defendant for provisional disposition of prohibition of disposal of real estate to preserve the right to claim the registration of transfer of ownership based on the cancellation of title trust against the Defendant under this court’s order (2016Kadan22978) around 2016. On December 20, 2016, the said court decided to accept the application for provisional disposition of prohibition of disposal of the said real estate and registered the provisional disposition of prohibition of disposal of the said real estate on the same day.

3) Meanwhile, around 2017, the Seoul Northern District Court D rendered a decision of compulsory commencement of real estate auction on the instant real estate. On September 28, 2018, H paid the sale price at the above auction procedure and acquired the ownership of the instant real estate. 3) At the above auction procedure, the distribution schedule was formulated that: (a) in the first order, the applicant creditor, the first and the second order distribute the litigation costs and damages for delay to I KRW 1,143,848 and KRW 13,431,848, respectively; and (b) distribute the surplus dividends to the Defendant, KRW 82,597,072 (hereinafter “instant distribution schedule”).

4. On October 26, 2018, the Plaintiff was subject to a decision to prohibit the provisional disposal of real estate regarding the instant real estate, and was present on the date of distribution of the said auction procedure and stated an objection against the amount of distribution to the Defendant. On October 30, 2018, the Plaintiff filed an application for modification of the purport of the instant claim seeking rectification of the distribution schedule.