1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 10, 2004, the Plaintiff completed the registration of ownership transfer on the ground of donation with respect to the area of 333 square meters (hereinafter “instant real estate”).

B. On January 4, 2012, the Plaintiff prepared and delivered to the Defendant a certificate of loan prescribed as the instant real estate (hereinafter “certificate of loan”). On January 6, 2012, the Defendant completed the registration of creation of a mortgage over the instant real estate (hereinafter “mortgage”) with the maximum debt amount of KRW 5 million, the debtor, and the registration of establishment of a mortgage over the instant real estate (hereinafter “mortgage”) or the registration of establishment of a mortgage over the instant real estate (hereinafter “mortgage”).

C. On May 8, 2014, the Plaintiff divorced from E (Seoul High Court 2013Reu2641 (principal lawsuit), 2013Reu2658 (Counterclaim)). On June 18, 2014, E completed the registration of ownership transfer based on the divorce.

On October 6, 2014, apart from the agreement in the above conciliation procedure, the Plaintiff and E made an agreement on the payment of delinquent taxes and public charges (including fine A), including the Plaintiff’s fine, and E did not perform its obligations under the above agreement. The Plaintiff’s provisional attachment of the instant real estate (U.S. District Court Support 2014Kadan3029) with the amount claimed as KRW 50,196,740 on November 27, 2014, and the provisional attachment registration was completed on the same day.

E. On February 27, 2015, upon the application of the Hyyang Credit Cooperatives, which is the mortgagee of the right to collateral security, the procedure for the auction of the real estate in relation to the instant real estate was commenced at Suwon District Court, as Suwon District Court Branch C. On April 20, 2016, the said auction court distributed the Defendant, who is the mortgagee of the right to collateral security, the amount of KRW 55 million, and prepared a distribution schedule (hereinafter “instant distribution schedule”) with the content that the Plaintiff did not make any distribution at all.

F. On the date of the above distribution, the Plaintiff made the full amount of the distribution to the Defendant.