1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's claim

A. The plaintiff asserted that the defendant's claim of the payment order stated in the plaintiff's claim is false or cannot be asserted against the plaintiff. Thus, the plaintiff cannot enforce compulsory execution based on the above payment order.

B. According to the statements in the evidence Nos. 1 through 6, 12 of Eul, the defendant is the real estate stated in the separate sheet No. 3 from November 15, 2005 (hereinafter "the instant house")

(1) The plaintiff filed an application for a compulsory auction order with the court of Gwangju District Court Decision 24,000,000 won from November 15, 2005 to April 30, 2007, and paid 24,000,000 won as deposit. The defendant resided in the house of this case from November 15, 2005 to July 19, 2006. The owner of the house of this case changed from C to D on June 20, 206, and E on February 10, 2010, and the defendant did not pay the above house of this case to the defendant for a compulsory auction order of this case under the Housing Lease Protection Act of Gwangju District Court Decision 2008Da1335, August 6, 2008.