The defendant expresses his/her intention to the non-party B as to the right to claim dividend payment stated in the attached list.

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant with the Seoul Central District Court 2018Gahap504772, arguing that the Plaintiff’s act of having concluded a property division agreement with the Defendant, who was the spouse as of September 25, 2017, as of September 25, 2017, on the part of the Defendant, to transfer the Category D (hereinafter “instant real property”) of the relevant building in Gwangju City, which was owned by the Plaintiff, constitutes a fraudulent act against the Plaintiff, thereby seeking revocation of the fraudulent act and restitution to its original state.

In the foregoing case, on October 4, 2018, the Defendant and B revoked a property division contract concluded on September 25, 2017 with respect to the instant real estate on September 25, 2017, and the Defendant was sentenced to the first instance judgment to implement the procedure for cancellation registration of ownership transfer registration as to the instant real estate, and the said judgment became final and conclusive on July 31, 2019.

B. On the other hand, on the other hand, on December 6, 2018, the auction procedure of real estate auction was initiated as F of this court upon the application of Nonparty Co., Ltd., the mortgagee of the instant real estate. On January 30, 2020, the court of execution of the said auction procedure prepared a distribution schedule that distributes the remaining surplus 3,758,892 to E, the owner, to the Defendant.

The plaintiff, with the debtor and the third debtor as the Republic of Korea, received a provisional disposition as to the defendant's right to claim the dividend payment stated in the attached list that will arise in the above auction procedure from this court 2020Kadan60010. The above provisional disposition order was served on the third debtor on January 14, 2020.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. In the event of cancelling a judgment-based mortgage contract by fraudulent act, if another person acquired ownership through an auction procedure and the registration of creation of mortgage was cancelled, it is impossible to return the original property, and thus, it is ordered to restore the original property by means of value compensation.