1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The Plaintiff’s claim on November 11, 2015 is asserted.

1. Basic facts

A. The Defendant filed an application for a payment order with the Seoul Southern District Court Decision 2014Guj22822 against B, D, and E, the representative director (the claimed amount of KRW 101,819,780), and the said payment order became final and conclusive January 1, 2015 on the grounds that no objection was raised against the payment order issued on December 10, 2014 by the said court.

B. Since March 17, 2011, the real estate listed in the separate sheet (hereinafter “instant real estate”) had completed the ownership transfer registration in B.

On March 17, 2015, the Plaintiff, a legal spouse of B (the Plaintiff and B completed the marriage report on November 16, 1994) filed an application for conciliation against B on March 17, 2015, for the cancellation of title trust and for the implementation of the procedure for ownership transfer registration of the instant real estate, since the real estate in this case was actually owned by the Plaintiff or registered in the future.

After June 24, 2015, the Plaintiff and B were present at this court on June 24, 2015, the conciliation was concluded to the effect that “B shall implement the procedure for ownership transfer registration on the instant real estate to the Plaintiff on the ground of termination of title trust on June 24, 2015.”

C. On June 8, 2015, the Defendant filed an application with this court C for the commencement of compulsory auction against the instant real estate under the name B against June 8, 2015 with the executory exemplification of the payment order issued by Seoul Southern District Court 2014 tea 22822 with the above executory power, and this court decided to commence compulsory auction on June 17, 2015, and completed the entry registration thereof on the instant real estate on June 18, 2015.

(hereinafter “instant compulsory auction”). D.

On the other hand, on October 1, 2015, B filed an application for individual rehabilitation with the Incheon District Court 2015da79601 on October 1, 2015, and upon the application of B, the order of prohibition and suspension issued on October 7, 2015 by the said court was served on the Defendant on October 14, 2015.

Therefore, the compulsory auction in this case is in a state where the progress of the procedure is suspended.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.