The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. Upon receipt of a decision to dispose of the price of gold prior to possession by Seoul Western District Court 2018Kadan51825, the Defendant executed the provisional disposition order against the Plaintiff on August 7, 2018 with respect to the Plaintiff who possessed the real estate indicated in the separate sheet, an unregistered building without permission (hereinafter “instant real estate”).

B. 1) In the case of a building name filed by the Defendant against the Plaintiff as Seoul Western District Court Decision 2018Kadan1285, the above court rendered a favorable judgment against the Defendant (hereinafter “the instant judgment”) stating that “The Plaintiff shall deliver the instant real estate to the Defendant” on September 25, 2019, and the judgment became final and conclusive (the closing date of pleadings in the instant judgment is August 28, 2019) as it is (the closing date of pleadings in the instant judgment). 2) The above court concluded an agreement with the Defendant on the execution letter that the Plaintiff intended to transfer all rights to the instant real estate to the Defendant (hereinafter “the execution letter of this case”), and (2) as stated in each of the above execution letter, the Plaintiff did not have any obligation to occupy and use the said real estate until it is alive, and thus, it should be interpreted that the Plaintiff continued to occupy the said real estate at the time of the instant judgment, as long as there is no meaning that the Plaintiff had no obligation to occupy and use the said real estate in C’s residential place.

The decision was determined.

(c)

The Defendant, based on the instant judgment on October 30, 2019, executed the principal execution against the Plaintiff on October 30, 2019, but D was residing in the instant real estate in accordance with the self-lease agreement with the Plaintiff on May 28, 2018.