1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On April 17, 2012, the Plaintiff’s husband D completed the registration of share transfer based on the sale of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 13, 2014, the Defendant paid consolation money to D on the ground that D had committed an unlawful act with the Defendant’s wife, and filed an application for provisional attachment as to the instant real estate on the 20th of the same month, and received a decision to authorize the provisional attachment on the 22th of the same month. The provisional attachment registration of the instant real estate (hereinafter “registration of provisional attachment”) was completed on the 23th of the same month.

C. On January 23, 2014, the Plaintiff donated the instant real estate from D and completed the registration of transfer of shares in the future of the Plaintiff.

On August 27, 2014, the Plaintiff filed a lawsuit against D including divorce and solatium (hereinafter “instant conciliation”) that the Plaintiff would not claim any property, such as solatium, division of property, and child support, with respect to divorce (hereinafter “instant conciliation”) in addition to the Plaintiff’s payment of solatium KRW 100,000,000 from D.

E. On August 2, 2015, the Defendant filed an application for compulsory auction ( Daegu District Court C) with respect to the instant real estate with the execution title with the original copy of the judgment 2014Dhap10, which was rendered by the Changwon District Court for D, and the decision to commence compulsory auction was made on August 2, 2015.

4. The provisional seizure of this case was executed as the provisional seizure upon completion of the registration, and the real estate of this case was sold at KRW 43,650,000 on September 5, 2016.

F. The Plaintiff demanded distribution at the above auction procedure by designating the Daegu Family Court's 2014Dhap139 divorce and consolation money case as its executive title. However, on October 6, 2016, the said court prepared a distribution schedule that distributes the entire amount of KRW 41,610,060, excluding expenses for auction execution, to the Defendant (hereinafter "instant distribution schedule"), and the Plaintiff filed a lawsuit of demurrer against distribution and filed the instant lawsuit.

[Reasons for Recognition]