1. The instant lawsuit shall be dismissed.

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

Basic Facts

Plaintiff

With respect to each real estate listed in the separate sheet that was owned by the Seoul Central District Court D, E, C, F (Dual) for compulsory auction, the auction procedure (hereinafter “instant auction procedure”) was in progress. With respect to the real estate listed in the separate sheet No. 1 on October 28, 2014 by G, H was decided as each highest bidder on December 2, 2014 as to the real estate listed in the separate sheet No. 2 in the separate sheet No. 2.

Since May 4, 2016, H paid each sale price for the real estate listed in paragraph (2) of the Attached List No. 2, G, May 27, 2016, and completed the registration of ownership transfer in the name of the principal with respect to each of the above real estate. The distribution procedure was completed on June 17, 2016.

On the other hand, the auction court of this case revoked the decision of compulsory auction and dismissed the request for auction on the ground that the documents under Article 49(1) of the Civil Execution Act were submitted with respect to the case of compulsory auction of D real estate, which was decided to commence on February 25, 2016, as of November 22, 2012.

[Ground of recognition] In the auction procedure of this case where the plaintiff asserted facts without dispute, Gap's 1 through 4, Eul's 6 through 9, Eul's 1 to 4, Eul's 1 to 4, and the purport of the whole pleadings, there are the following defects in the auction procedure of this case, so the payment of the successful bid price by G and H as the purchaser of each real estate listed in the separate sheet and the distribution procedure therefor must be revoked.

① Since the Seoul Central District Court C real estate auction case, which is a subsequent auction case, was decided to commence the auction after the final date for demand for distribution of D Real Estate Auction case ( February 13, 2013), which is a prior auction case, the Seoul Central District Court C real estate auction case, and was not attached to the record of the auction case of D Real Estate Auction case, which is the preceding auction case, the Seoul Central District Court D Real Estate Auction case, and thus, the remaining procedure cannot continue and should proceed with a new auction procedure without going through a new auction