제3자이의
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence No. 5, Eul evidence No. 1-2, Eul evidence No. 2 and No. 4, together with the purport of the whole pleadings:
On September 5, 2002, E, the Plaintiff’s mother, completed the registration of ownership transfer with respect to the real estate listed in attached Form 1 (hereinafter “instant real estate”).
B. On August 16, 2005, E completed on August 16, 2005, the registration of creation of a mortgage in the vicinity of the Chuncheon Steel Livestock Cooperatives (130 million won of the maximum debt amount) with the creditor Chuncheon Livestock Cooperatives, and the maximum debt amount of 160 million won.
C. The Chuncheon Steel Livestock Cooperatives applied for a voluntary auction on the instant real estate to F of the Chuncheon District Court, and the auction procedure was conducted. The Plaintiff spent the same expenses as those indicated in the attached Table 2, and submitted a lien report and a demand for distribution to the auction court on the ground that there was a lien equivalent to the amount.
The Defendant acquired ownership on July 19, 2013 after receiving a successful bid of the instant real estate in the said voluntary auction procedure.
E. On October 23, 2013, the Defendant filed an application against C for the issuance of this Court’s order to deliver the instant real estate to the Defendant. The said order became final and conclusive around that time.
F. On April 25, 2014, the Defendant commenced compulsory execution in accordance with the above order of delivery of real estate, and paid 200,000 won to the Plaintiff for the transfer of consolation money under the name of consolation money, and received delivery from the Plaintiff of the first floor of the instant real estate.
G. On May 27, 2014, the Defendant leased the first floor among the instant real estate to G.
2. On September 6, 2002, the Plaintiff, the owner of the instant real estate, paid KRW 20 million to E, and agreed to manage the instant real estate from E until purchase of the instant real estate. The Plaintiff, the owner of the instant real estate, agreed to manage the instant real estate from E around May 2006.