1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. As to the share of 1/2, out of 622 square meters of F forest land in Gwangju-si, which was owned by E (hereinafter “instant share”), the Plaintiff completed the provisional registration of the right to claim transfer of ownership on October 25, 201 (hereinafter “the instant provisional registration”).

B. Thereafter, on April 5, 2012, the Defendant completed the provisional attachment registration with the claim amounting to KRW 260 million as to the instant shares.

C. The Seongbuk-nam Saemaul Bank filed an application for a voluntary auction of real estate on the basis of the right to collateral security (the maximum debt amount of February 17, 2010, the maximum debt amount of KRW 2.21 billion, and the maximum debt amount of KRW 520 million as of February 28, 201) with respect to the entire land, including the instant share, and on April 5, 2013, the procedure for the voluntary auction of real estate was initiated with Sung-nam branch branch of Suwon District Court as of April 5, 2013.

On October 14, 2013, when the auction procedure of the above real estate was in progress, the registration of provisional seizure by the defendant, which was completed between the provisional registration of this case and the above principal registration, was cancelled ex officio.

E. When the instant shares were sold through voluntary auction on April 2, 2014, the provisional registration of the instant case and the instant registration were cancelled on April 8, 2014.

F. On the date of distribution implemented on June 19, 2014, a court of execution prepared a distribution schedule to distribute each of the 12,622,570 won to G, who is the owner of the remaining shares of the above land, in the order of 18,027,843 and 6th order with respect to the right to demand a provisional seizure against the instant shares, and the plaintiff was excluded from the said distribution.

G. On June 25, 2014, the Plaintiff stated an objection to the entire amount distributed to the Defendant on the date of the said distribution, and thereafter filed the instant lawsuit on June 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the owner of the instant share at the time of the successful bid shall be the plaintiff, and thus, the plaintiff shall be the plaintiff.