1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The defendant is the previous owner of each real estate listed in the separate sheet No. 1.

(hereinafter referred to as “instant land”, “(A) building”, and “(B) building” as stated in paragraph (1) and (2).

Attached Form

On August 9, 2012, each real estate recorded in the list was forced to commence compulsory auction and entered registration of the decision to commence auction at the request of the Korean Land and Housing Corporation D (hereinafter “instant auction”) which is the defendant’s creditor.

C. The said court ordered the Korea Land and Housing Corporation to make a correction of January 17, 2013 among the auction procedures of the instant case, and ordered the Korea Land and Housing Corporation to withdraw a request for auction of the building (B) on the ground that the building was already destroyed as a result of appraisal (B). The Korea Land and Housing Corporation withdrawn a request for auction of the building on January 24, 2013.

The Plaintiff received a successful bid for the instant land and building (A) and paid the price on July 26, 2013, and acquired the ownership of each of the said real estate.

E. At present, on the instant land, buildings listed in Attachment 2 List 2 (hereinafter “on the present building”) are constructed.

F. The defendant occupies the land and existing buildings of this case.

(The plaintiff's provisional execution of each of the above real estate delivery parts from the defendant after the judgment of the court of first instance was made). [The ground for recognition] is without dispute, entry of Gap evidence 1, 4, and 10 (including each number), entry of Eul evidence 1, investigation of Eul evidence 1, investigation of the Mayor of the court of first instance to Busan Busan and Ulsan Metropolitan City Head Office of Busan Metropolitan City, inquiry of the Mayor of the Busan Metropolitan City of the court of first instance to the appraiser E, result of the entrustment of appraisal by the court of first instance to the appraiser E of the court of first instance, and the purport of this court'

2. The parties' assertion

A. At the time of the Plaintiff’s assertion of the auction, the building (B) was destroyed.

However, the defendant's building (A) is above the building where (B) the building was located.