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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s judgment on the cause of the Plaintiff’s claim was sold in lots by the Korea Land and Housing Corporation on March 9, 2012, and completed the registration of ownership transfer on December 24, 2013, and the fact that the Defendant occupied and resided in the instant apartment from January 7, 2014, can be acknowledged by taking into account the following facts: (a) there is no dispute between the parties or the entire purport of the pleadings in the items in subparagraphs 1 and 3 of the evidence.
According to the above facts of recognition, the defendant is obligated to deliver the apartment of this case to the plaintiff who is the owner, if it is unable to prove that he has a legitimate possessory right to the apartment of this case.
2. Judgment on the defendant's defense
A. The defendant's argument that the defendant is the spouse C has the right to purchase the apartment of this case from the plaintiff through D, and has the right to occupy the apartment of this case. Since C resides in the apartment of this case jointly with C, it is not possible to respond to the plaintiff's claim.
B. (1) The fact of recognition (1) on March 9, 2012, the Plaintiff purchased the instant apartment from the Korea Land and Housing Corporation in KRW 294,85,00,00. On the same day D, the right to sell the instant apartment from the Plaintiff is KRW 304,85,00,000, and the Plaintiff paid KRW 10,000,000 among them as contract deposit, and purchased the remainder of KRW 294,85,000 as substitute for the Plaintiff’s succession to the Plaintiff’s obligation to sell the apartment (hereinafter “instant sales contract”), and the Plaintiff affixed a seal on the power of attorney that “D delegate all the authority concerning the sale, lease, rent, monthly rent, etc. of the instant apartment” to D.
(2) D as the down payment under the instant sales contract, via E, the Plaintiff’s fraudulent act, paid the Plaintiff KRW 10 million in total between March 9, 2012 and March 20, 2012, and KRW 44,288,000, out of the sales price of the instant apartment, on March 9, 2012, to the Korea Land and Housing Corporation in the name of the Plaintiff.