1. The judgment of the court of first instance is modified as follows.

The lawsuit on the claim for extradition of the instant real estate shall be dismissed.

(b).

1. We examine, ex officio, as to the legitimacy of the lawsuit for requesting extradition of the instant house, whether the lawsuit for requesting extradition is lawful.

A. (1) On November 21, 201, K acquired the ownership of the instant house by completing the registration of ownership transfer on the instant house under the receipt of Suwon District Court's Suwon District Court's receipt of registration office under Article 176514 on November 28, 2011 on the grounds of public sale on November 21, 201.

- Decision of recommending reconciliation - K shall pay 65 million won to the defendant by January 15, 2014.

② At the same time the above money is paid, the Defendant ordered K to order the instant house, and I and L shall leave the instant house.

(3) Defendant, I, and L shall not claim any lien on the instant housing any longer.

(2) On October 17, 2012, K filed a lawsuit against the Defendant, etc. who occupied the instant house as a real right claim based on ownership under Suwon District Court 2012dan8313, which sought the name, etc. of the instant house. The said court received a decision of recommending settlement (hereinafter “the instant decision of recommending settlement”) from the said court, and as K and the Defendant did not raise any objection, the instant decision of recommending settlement became final and conclusive as it became final and conclusive.

(3) However, while K and the Defendant did not perform their respective duties according to the decision on recommending reconciliation in this case, the Suwon District Court rendered a voluntary decision to commence auction on the instant housing, and the Plaintiff succeeded to the ownership of the instant housing due to the sale on June 2, 2014 in the above auction procedure.

(4) On June 5, 2018, the Plaintiff filed an application for grant of the succeeding execution clause on the ground that he/she is a successor after the closing of argument in K on the recommendation of reconciliation in the instant case, seeking the transfer of the instant house against the Defendant as a real right claim based on ownership, and was granted the succeeding execution clause on June 19, 2018.

B. (1) The final and conclusive judgment in favor of the Supreme Court has res judicata effect.