The Plaintiff completed the registration of ownership transfer on November 20, 203 by receiving a successful bid for the instant land in the course of voluntary auction proceeding with Daejeon District Court D, and the Defendant owns E large 36 square meters adjacent to the instant land, F large 89 square meters, and one-story house on its ground.

Based on the ownership of the instant land, the Plaintiff filed a lawsuit against the Defendant to remove the building owned by the Defendant, including the fence, etc., as Daejeon District Court 2009Kadan49596, and to deliver the occupied part of the instant land, and was rendered a favorable judgment on April 22, 2010. Accordingly, the said judgment became final and conclusive on May 19, 2010, upon the Defendant’s appeal and withdrawal.

(Seoul District Court 2010Na7377). After that, the Defendant filed a lawsuit with the Daejeon District Court 2014Kadan18848 against the Plaintiff seeking the registration of transfer of ownership for the instant portion of possession of the instant land based on the completion of prescriptive acquisition. However, the Plaintiff was sentenced to dismissal of the Defendant’s claim on August 22, 2014 on the ground that the Plaintiff constitutes a third party after the completion of prescriptive acquisition, and the said judgment became final and conclusive on September 12, 2014 by the Defendant’s failure to file an appeal.

The Defendant removed the building owned by the Defendant on June 2014, March 3, 2015, and March 4, 2015, and delivered the instant occupied part to the Plaintiff.

The Plaintiff filed a motion with the Daejeon District Court G on March 7, 2014 for alternative enforcement based on the final judgment of the case No. 2009Gadan49596, and received the order of authorization on March 7, 2014. According to the said order of authorization, the enforcement officer was unable to execute the enforcement on the ground that the instant land was transferred to the Defendant on March 9, 2015, on the ground that “It is impossible for the Defendant to voluntarily remove the above ground building as a boundary surveying and deliver the land to

(Seoul District Court 2014No. 1600). The defendant shall be the plaintiff according to the purport of the judgment of the first instance court on November 5, 2014, Daejeon District Court 2014No. 6210.