1. On November 27, 2019, the above court with respect to the application case for voluntary auction of the real estate C by Goyang-gu District Court.

1. Basic facts

A. On July 28, 2016, D completed the registration of the transfer of ownership with respect to the apartment house E-ho, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter “instant apartment house”).

B. On February 6, 2018, the Plaintiff filed an application for provisional attachment with the amount of KRW 171,100,000 for the instant real estate (around February 6, 2018, the Plaintiff completed the execution of provisional attachment on the same day (a fixed district court 2019Kadan 100179, 1000).

On November 1, 2018, the Defendant completed the registration of the establishment of the right to collateral security with the obligor D (hereinafter “Defendant’s collateral security”) on October 31, 2018 on the instant real estate as of November 31, 2018.

(c)

On January 8, 2019, upon the request of G, the court rendered a voluntary decision to commence an auction (hereinafter “instant auction procedure”). On November 27, 2019, the court drafted a distribution schedule that distributes KRW 34,603,414 to the Defendant of the person holding the right of provisional seizure, and KRW 18,823,205 to the Plaintiff of the person holding the right of provisional seizure (hereinafter “instant distribution schedule”).

On the dividend date, the Plaintiff raised an objection against the total amount that the Defendant received as dividends.

(d)

In the lawsuit on the merits of the provisional attachment decision filed by the Plaintiff (the Seoul Central District Court Decision 2018 Ghana 5008494) on August 20, 2019, the court rendered a judgment that “D and H cancel the donation contract, and D shall pay to the Plaintiff delayed damages from the date following the date when the judgment became final and conclusive.”

Although D appealed against the above judgment (Seoul Central District Court 2019Na51903), the court dismissed D's appeal on May 27, 2020, and the above judgment became final and conclusive on June 16, 2020.

[Ground for Recognition] Unsatisfy, Gap 1-5 evidence (including a number with a number);

2. Determination

A. The Plaintiff’s assertion 1) The Defendant’s right to collateral security was based on the falsity of the agreement with the Defendant or there was no secured claim.