The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. On September 4, 2003, G, who is the defendant, purchased K Apartment Lho Lake (hereinafter “instant real estate”) in his own name from the J, Choyang-gu K apartment L (hereinafter “instant real estate”) and completed the registration of transfer of ownership in the name of C on October 7, 2003.

(2) On March 9, 2006, the Defendant made a move-in report on the instant real estate, and on September 13, 2007, filed a move-in report with K Apartment N, which is a son of C, and again filed a move-in report with the instant real estate on June 1, 2012.

On June 28, 2012, the Defendant drafted a lease agreement with C, stating that the Defendant would lease the instant real estate from C by setting the deposit amount of KRW 240 million from June 28, 2012 to June 28, 2014, with the term of lease fixed from June 28, 2012 to June 28, 2014.

(3) On February 8, 2013, Nonparty I received a decision of provisional attachment with the claim amounting to KRW 75 million, and completed the registration of provisional attachment on February 12, 2013, and filed an application for a compulsory auction (hereinafter “instant auction”) to transfer the said provisional attachment to the provisional attachment to Suwon District Court A. The Plaintiff purchased it in the instant auction procedure and acquired the ownership of the instant real estate after full payment of purchase price on September 27, 2017.

(4) As a result of a survey on the current status conducted as of July 29, 2016 at the auction procedure of this case, the defendant and his wife were found to have resided in the real estate of this case, and the defendant is residing in the real estate of this case until the date of closing argument of this case.

(5) The above facts do not conflict between the parties, or are set forth in Section A(1) through (3), 5, 6, 9, 13 through 15, and Section B(7).