The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 8, 1981, the ownership of the real estate indicated in the separate sheet (hereinafter “the instant real estate”) was changed to that of the previous class C on May 8, 1981. However, each provisional attachment registration was completed on May 19, 2004 and July 27, 2006 under each of the Defendant’s names, and the ownership was changed to that of the previous class D on September 3, 2013.

B. On January 18, 2019, the Defendant filed an application for the payment order seeking reimbursement against C as the main text of the preceding provisional seizure with the court of Gwangju District Court 2019 (58). On January 22, 2019, the Defendant received the payment order (hereinafter “instant payment order”) from the above court, and the instant payment order was finalized on February 12, 2019.

(c)

On September 16, 2019, the Defendant applied for compulsory auction of the instant real estate, other than the instant real estate, by applying for compulsory auction on September 25, 2019, upon the instant order for payment, after performing the aforementioned provisional seizure for the instant real estate upon the execution of the instant provisional seizure, and on September 16, 2019, the said court rendered a decision to commence compulsory auction on September 25, 2019, and registered the entry of the decision to commence compulsory auction of the instant real estate on the same day (hereinafter “instant compulsory auction”).

On November 25, 2019, the ownership of the instant real estate was changed in the name of the deceased’s heir upon the Defendant’s request on November 25, 2019, and the ownership was changed due to sale by compulsory auction on October 13, 2020 under the name of F on October 16, 2020.

E. The auction procedure of this case was completed on November 26, 2020 on the same day as the date of the distribution of dividends.

【Ground of recognition】 Facts without dispute, significant facts in this court, and purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff and C occupied and used the instant real estate in proportion to their share of 1/2, respectively, and that C had completed the registration of ownership transfer in its own name without any title and completed the registration of ownership transfer in its own name.

Ultimately, regarding the instant real estate.