1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Facts of recognition

On August 30, 2011, the Defendant purchased the real estate listed in the attached Form (hereinafter “instant real estate”) in the procedure of the instant voluntary auction procedure with the Gwangju District Court Netcheon Branch C.

D Co., Ltd. reported the lien on the ground that the claim for construction cost of KRW 2,490,000 has been made in the above auction procedure.

Nonparty E acquired 350,000,000 won, which is a part of the secured debt of the above lien from D Co., Ltd., and reported the lien on the ground of the above secured debt.

D Co., Ltd. entrusted the affairs related to the exercise of lien on the instant real estate to Nonparty F.

F entered into a labor contract with E in relation to the exercise of lien on the instant real estate, and E directly occupied the instant real estate.

The Defendant filed a lawsuit for the delivery of the instant real estate (hereinafter “the instant real estate delivery lawsuit”) against E with the Gwangju District Court Netcheon Branch 201Gahap4583, May 24, 2012, the said court rendered a judgment that “Defendant E received from the Plaintiff KRW 1,301,363,636, and Defendant E’s payment of KRW 350,000 from the Plaintiff, and simultaneously deliver to the Plaintiff the real estate indicated in the attached Form,” and the said judgment became final and conclusive upon dismissal of the appeal at the appellate court.

On October 18, 2013, the Defendant remitted to D Co., Ltd. KRW 550 million (the E’s share of KRW 350 million). On the same day, D Co., Ltd drafted a receipt and a letter to the Defendant that the Defendant renounces the exercise of the lien on the instant real estate.

However, E rejected the agreement.

The Defendant returned KRW 350 million from D Co., Ltd. as E’s share, and deposited KRW 354,846,550,000,000,000,000 from Gwangju District Court as deposit money, which was KRW 1154 in 2014, and applied for compulsory execution of the name of the building on the real estate in this case according to the judgment. For this, E is the small Gwangju District Court with the objection to the claim on July 24, 2014.