1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The Plaintiff was the owner of the Seo-gu, Seo-gu, Gwangju (hereinafter “instant real estate”). On July 13, 2010, Defendant C purchased the said real estate upon obtaining a decision of permission for sale in the F real estate auction case of the Gwangju District Court F real estate auction, and Defendant D actually borrowed the name of Defendant C and actually purchased the instant real estate.

B. On September 13, 2010, Defendant C received an order for the delivery of the instant real estate against the occupant, including the Plaintiff, in the instant case of G successful bid real estate transfer order. The Plaintiff’s possession indicated the Plaintiff’s portion as “610 square meters of sugar part among the 2nd floor of the instant real estate, 671.36 square meters and 671.36 square meters of the 4th floor.”

C. From among the occupants of the instant real estate, K, L, M, and N filed an immediate appeal against the order to deliver the said real estate, but the appeal and reappeal were also dismissed.

(In that process, they were also ordered to suspend the execution on September 29, 2010).

Defendant C filed an application for the determination or rectification of the above real estate delivery order by alleging that the part of the Plaintiff’s possession was erroneous. In the case of the determination or rectification on November 17, 2010, the above court: “The part of the Plaintiff’s possession was wholly 401.46 square meters in the remainder, excluding the portion of the possession of the first floor K of the instant real estate, 270 square meters; 10 square meters in the portion of the possession of the second floor; 10 square meters in the P; 20 square meters in the portion of the P possession; 61.36 square meters in the remainder, 61.36 square meters in the area, excluding the portion of the M possession; 40.46 square meters in the remaining area, 20.46 square meters in the portion of the possession of the third floor; 641.46 square meters in the area excluding the portion of the possession of the fourth floor of the instant real estate; 61.46 square meters in the underground floor; 6714 square meters in the machinery room;

E. Around November 2010, Defendant C was handed over the instant real estate with the title of execution of the order to deliver the said real estate.

F. The Plaintiff owned in the course of delivery and execution of the instant real estate.