1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 11, 2010, the Selected D completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff acquired ownership by receiving a successful bid on February 15, 2013 after receiving a successful bid on the real estate of this case, the appraisal of which is KRW 3220 million owned by the appointed party D in the Suwon District Court J Compulsory Auction (hereinafter “instant compulsory auction”).

C. On May 23, 2013, the Plaintiff filed an application for a real estate delivery order against the Defendant, the Defendant, and the Defendant’s cohabitant B and C with Suwon District Court Sung-nam Branch K, but the said court rendered a decision to dismiss the said application by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion is that the Defendant is not a lessee of the instant real estate, but D, in collusion with the Defendant, prepares a false lease agreement as if the Defendant was a lessee of the instant real estate.

Therefore, Defendant, Appointed B, and C should jointly deliver the instant real estate to the Plaintiff, and Defendant, Appointed B, C, and D should jointly pay damages for unjust enrichment or tort equivalent to the rent calculated by the ratio of KRW 716,700 per month from February 16, 2013 to the completion date of delivery of the instant real estate.

B. As to whether the Defendant was not the genuine lessee of the instant real estate, that is, whether the Defendant conspired with the Defendant to prepare a false lease agreement as if the Defendant were the lessee of the instant real estate, each of the entries in Gap, Gap evidence Nos. 1 through 5, Gap evidence No. 7, Gap evidence No. 11, Eul evidence No. 11, Eul evidence No. 1 through 7 (including the paper numbers), the witness E, F’s testimony, the result of the appraisal by the first instance court appraiser G, the inquiry into the G of the first instance court, the results of the inquiry by the court of the first instance, the agricultural cooperatives of the first instance court, the Seongbuk-nam Saemaul Bank of Korea, and the