1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 6, 2014, the decision on voluntary auction (Seoul Southern District Court DD real estate auction) was made on the apartment of this case owned by C, and the Plaintiff was awarded a successful bid price for the apartment of this case at the above auction procedure and acquired its ownership on December 23, 2015.

B. The defendant occupies the apartment house of this case.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The assertion and judgment

A. According to the facts acknowledged by Paragraph (1) of the judgment on the cause of the claim, the defendant is obligated to deliver the apartment of this case to the plaintiff, unless there are special circumstances.

B. The defendant's defense 1) Since the defendant has a legitimate right to possess the apartment of this case, in full view of the entries in Eul evidence 1 through 17, and the purport of the whole pleadings in witness E's testimony, the defendant's wife F is determined from C on June 21, 201 to August 13, 2011 as the lease deposit amount of KRW 220 million, and the lease period of the apartment of this case from August 19, 201 to August 13, 2013 (hereinafter "the lease of this case").

After completion of the report on the transfer registration of the instant apartment on August 19, 201, and resided in the instant apartment with the family members of the Defendant and other family members who are the husband, etc., and it is recognized that the said lease had been implicitly renewed between C and F. According to the above recognition facts, F’s right of lease is a right of lease with opposing power under Articles 3(1) and 3-5 of the Housing Lease Protection Act, and the validity of the instant apartment in the above auction procedure has yet to be effective for the Plaintiff who was successful in the auction procedure. Thus, the Defendant’s possession of the instant apartment is legitimate possession of the instant apartment by mediating possession based on the lessee’s right of lease in F. 2) The Plaintiff asserted that the instant lease agreement was the most lease agreement concluded by false conspiracy, but it is insufficient to acknowledge it only by the statement in subparagraph 2, and evidence to acknowledge it otherwise.