1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In the auction procedure, the Defendant purchased the land listed in attached Table 1 List No. 1, and acquired ownership on May 13, 2013.

B. On May 29, 2013, the Defendant filed a lawsuit against C to seek removal, etc. of a building with Sungwon District Court Branch Branch 2013Kadan206961, Apr. 15, 2014, upon receiving a favorable judgment against C, that “C removes each building listed in attached Table 1 List 3, removes each building, delivers the land listed in attached Table 1 List 1 List 1, and pays KRW 403,200 per month from May 13, 2013 to the completion date of delivery of the said land”, the said judgment became final and conclusive on May 3, 2014.

C. According to the above final judgment, the Defendant filed an application for a decision to commence compulsory auction with Suwon District Court Branch D on August 4, 2015 with respect to a building listed in the attached Table 2 list (the part of the building listed in the attached Table 1 list No. 1 list No. 3, which was unregistered, appears to have been registered; hereinafter “instant building”) with the claim amounting to KRW 9,897,90,09 per month as the monthly usage fee of KRW 403,200 per month.

In the above auction procedure, the Plaintiff purchased the instant building and acquired ownership in full on June 26, 2017.

On July 31, 2017, the registration of ownership transfer is completed.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 11 (including branch numbers), and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not execute the auction even after being sentenced to the removal of the building of this case, applied for an auction on the auction date, and believed that he did not execute the removal on his own on the auction date.

Plaintiff

It is also believed that this case's building was awarded a successful tender.

When the plaintiff acquired the ownership of the building of this case, the defendant demanded excessive money and valuables while demanding removal execution.

This is abuse of rights and is in violation of the good faith principle.

Therefore, among the above final judgment, the order to remove the building and deliver the land exceeding the scope of the order to pay user fees of KRW 403,200 per month.