1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 18, 2007, D is located in Seo-gu Incheon, Seo-gu, Incheon (Road Name Address: Seo-gu, Incheon), G apartment H (hereinafter “instant apartment”) (hereinafter “instant apartment”).

(2) On December 18, 2007, the Plaintiff purchased the apartment of this case and completed the registration of ownership transfer on January 10, 2018, and completed the registration of ownership transfer, and (3) on December 18, 2007, the deposit amount of the apartment of this case shall be KRW 130,000,000, and the down payment shall be KRW 60,000,000 to the first owner of the apartment of this case, and the remainder of KRW 70,000,000 shall be paid to the first owner of the apartment of this case on February 29, 2008, and each real estate lease agreement, which stipulates that the apartment of this case shall be deposited into D’s account, was written.

3) The Plaintiff paid 60,000,000 won to I on January 10, 2008. On February 14, 2008, the registration of establishment of chonsegwon, which was 70,000,000 for lease on a deposit basis, was completed on February 14, 2008 by the Incheon District Court registry No. 11652, Feb. 14, 2008. The Plaintiff received the instant apartment and filed a move-in report on the instant apartment on February 15, 2008, but did not obtain the fixed date in the said real estate lease contract.

5) The Plaintiff continued to reside in the apartment of this case from the time following the auction procedure until the time following the auction procedure is in progress. 6) D is the Plaintiff’s birth.

B. On April 12, 2019, the Defendant was issued a compulsory decision to commence compulsory sale of the instant apartment to Incheon District Court B, the Incheon District Court B. Meanwhile, D had completed the registration of the establishment of a neighboring mortgage on the instant apartment under the Incheon District Court’s registration No. 1936, Jan. 10, 2008, the registration office of the Incheon District Court was received on January 10, 2008. However, D Co., Ltd., a business entrusted by the Korea Housing Finance Corporation, applied for voluntary auction of the instant apartment on September 3, 2019, on the basis of the registration of the establishment of a neighboring apartment.

The pertinent real estate was consolidated and continued according to the compulsory decision to commence the auction and the voluntary decision to commence the auction.