1. As to the 11.058 square meters of a building with an unauthorized brick structure on the land of Eunpyeong-gu Seoul Metropolitan Government 364 square meters between the Defendant and B, the Defendant and B are as follows.

1. Facts of recognition;

A. B is the owner of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant land”) and owned the instant land by constructing 11.058 square meters and buildings without permission on the ground. From April 23, 2008 to May 11, 201, the Plaintiff created a first, second, and third-class collateral security right on the instant land and borrowed 200 million won in total to the Plaintiff for three times during the period from May 23, 2008. In the sense that the instant building was provided as a joint collateral, on April 23, 2008, the Plaintiff prepared a transfer contract for the unregistered building without permission, but failed to comply with the procedure for the registration of change in the name of the owner on the unauthorized Building registry (hereinafter “the instant building”). From February 2, 2012, the Plaintiff lost his/her interest on the instant loan to the Defendant on the ground of delinquency in payment of the interest on the instant building and completed the auction on the instant land by the Seoul District Court’s voluntary auction 21.25.21.25

(D) At the time of the instant disposition, B did not own any active property other than the instant land and building; on the other hand, the small property was a small-scale property: ① a total of KRW 197,00,000,000,000,000 for loans to the Plaintiff and interest thereon, ② a liability for delay damages, ② a liability of KRW 68,20,000,000 for non-performance penalty following the construction of the instant building on the instant land which is a development-restricted zone; ③ a liability of KRW 11,00,000,000 for non-performance penalty; ④ a liability of KRW 2,03,820 for health insurance premiums to the National Health Insurance Corporation; ⑤ a liability of KRW 204,920 for property tax to Eunpyeong-gu Seoul Metropolitan Government.

2. Determination

A. (i) The Plaintiff’s act of disposal in this case is established.