1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 25, 2012, the Defendant acquired ownership of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the Suwon District Court D D Real Estate Auction case, and applied to the same court C for an order to deliver real estate for each of the instant real estate to E, the Plaintiff’s mother, the mother of the Plaintiff, and received a decision from the above court that “the respondent shall deliver the instant real estate to the applicant” (hereinafter “instant extradition order”).

B. The extradition order of the instant case was finalized on April 26, 2012 following a complaint and reappeal, and the Defendant was granted the instant extradition execution clause to the Plaintiff for compulsory execution of each of the instant real estate on January 23, 2015.

C. The Plaintiff operated the hospital and funeral hall of the 7th floor building on the ground of the F in Ansan-si and one parcel, and used each of the instant real estate as the parking lot of the said hospital and funeral hall.

[Ground of Recognition] Facts without dispute between the parties, entry of Gap evidence Nos. 3 through 5, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. First, the Plaintiff asserts that the compulsory execution based on the extradition order of this case should be denied, since the Plaintiff entered into a lease agreement with the Defendant on May 2012, which was subsequent to the extradition order of this case, to lease each real estate of this case.

The sole descriptions of evidence Nos. 6 and 7 are insufficient to acknowledge that a lease contract was concluded between the Plaintiff and the Defendant with respect to each of the instant real estate, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

B. Next, the Plaintiff is installed under each real estate of this case with wastewater treatment facilities for hospital, and enforcement of the above wastewater treatment facilities, which are not included in the auction object, is enforced by the delivery order of this case.