1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On November 28, 1994, D filed a lawsuit against the Plaintiff, including divorce and consolation money of KRW 30 million (the Daejeon Family Court 2013Dhap99 (the principal lawsuit) and the designation of a person with parental authority, etc.) on October 23, 2012.

Accordingly, on November 21, 2012, the Plaintiff filed an application for provisional seizure of real estate with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) with the claim claim amounting to KRW 30 million and KRW 110 million (hereinafter “the instant apartment”) on November 27, 2012 (Seoul Family Court Decision 2012 business group380), and filed a lawsuit against D on November 28, 2012 seeking the payment of KRW 30 million for divorce and consolation money, KRW 30 million for division of property, KRW 115 million for division of property [the Daejeon Family Court 2013dhap105 (Counterclaim) and consolation money, etc.]

(hereinafter the above principal lawsuit and counterclaim together are referred to as the “instant divorce lawsuit”). B.

Meanwhile, on December 11, 2013, D concluded a mortgage agreement with the Defendant regarding the instant apartment (hereinafter “mortgage agreement”). On December 12, 2013, D concluded a mortgage agreement with the Defendant, the Defendant, D, and the maximum debt amount, KRW 36 million, regarding the instant apartment. On December 12, 2013, D concluded a mortgage establishment registration (hereinafter “mortgage creation registration”) based on the said agreement to the Defendant.

C. On September 17, 2014, in the instant divorce lawsuit, the judgment was rendered on September 17, 2014 that “the Plaintiff and D shall be divorced, and D shall pay the Plaintiff a property division of KRW 61,80,000,000, and its delay damages.” The Plaintiff appealed on November 20, 2015, but the said appeal was dismissed on November 20, 2015 (the Daejeon High Court 2014Reu310 (main claim), and 2014Reu327 (Counterclaim)]; and the said judgment became final and conclusive as of December 9, 2015.

On January 20, 2014, the apartment of this case was voluntarily decided to commence auction to Daejeon District Court C by the Dongdong Credit Union, a creditor of the right to collateral security, and on May 6, 2015, the apartment of this case was to a third party in the above auction procedure.