1. The plaintiff's primary claim and the first preliminary claim shall be dismissed.

2. The plaintiff's second preliminary claim.

1. Facts of recognition;

A. On December 9, 2010, E completed the registration of ownership transfer with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and transferred ownership to D on the same day.

B. On December 5, 2010, Defendant C entered into a lease agreement between D and the instant real estate with the lease deposit of KRW 140 million and the lease term of KRW 140 million from December 10, 2010 to December 23, 2013, and obtained the fixed date on December 20, 2010.

Defendant C applied for the order of lease on December 20, 2012, which was the KRW 140 million as the lease deposit for the instant real estate by this Court Decision 2012Kao1971, and completed the registration of the instant real estate lease on January 7, 2013.

C. On January 29, 2013, Defendant C received a payment order that “D shall pay D KRW 140 million to C and its delay damages.” On February 20, 2013, the said payment order became final and conclusive on February 20, 2013.

On April 10, 2013, Defendant C filed an application for compulsory auction of the instant real estate with the Seoul Northern District Court F on April 10, 2013 with the enforcement title of the said final payment order, and the decision of compulsory auction was issued on April 11, 2013.

On February 24, 2014, the Plaintiff was awarded the instant real estate during the compulsory auction procedure for the said real estate and completed the registration of ownership transfer concerning the instant real estate on April 14, 2014.

On May 20, 2014, the above auction court opened a distribution date and prepared a distribution schedule to distribute KRW 145,464,202 to the defendant, who is the holder of the first distribution right.

E. Meanwhile, Defendant A filed an application for provisional disposition with the Seoul Central District Court 2010Kahap3791 against D, the former owner of the instant real estate, claiming the cancellation of ownership transfer registration based on the revocation of fraudulent act as a preserved right. On December 24, 2010, Defendant A completed the provisional disposition registration as to the instant real estate (hereinafter “Defendant A’s provisional disposition registration”).

Defendant A is the Seoul Central District Court against D, etc.