1. All of the plaintiff's claims are dismissed.

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

Basic Facts

The Plaintiff is the owner of the real estate listed in the attached sheet (hereinafter “instant real estate”), and the Defendant is the person who resides in the instant real estate, and C is the Defendant’s fraud.

C On January 12, 2007, a contract was concluded for lease of the instant real estate owned by a non-party company (hereinafter “the instant lease contract”) from January 18, 2007 to January 17, 200, with the deposit amount of KRW 75,000,000, and the lease term of the instant real estate owned by a non-party company (hereinafter “the instant lease contract”).

C After the conclusion of the instant lease agreement, the non-party company paid KRW 75,00,000 to the non-party company, and received the instant real estate from the non-party company, and made a move-in report on the instant real estate on January 18, 207.

After the completion of the registration of provisional seizure on July 27, 2007 on the instant real estate, the provisional seizure and the registration of seizure continue. On September 24, 2014, the public sale procedure (hereinafter “instant public sale procedure”) commenced and the entry registration was completed, and the distribution request date was determined on November 10, 2014.

C or the Defendant did not demand distribution in the instant public sale procedure, and the Plaintiff acquired the instant real estate in the instant public sale procedure on April 19, 2016.

Meanwhile, the Defendant and the Defendant’s wife filed a move-in report on April 18, 2007 on the instant real estate, but on March 2, 2009, they filed a move-in report in Ulsan-gu Edong, Ulsan-gu, and on June 7, 2013, filed a move-in report again on the instant real estate.

The Defendant, on December 20, 2013, and D, on May 29, 2014, filed a move-in report with the Fdong, Busan, and the Defendant is residing in the instant real estate from August 29, 2014 to the present date. D filed a move-in report on each of the instant real estate on October 20, 2014, and the Defendant filed the move-in report on each of the instant real estate on March 19, 2015.

[Ground of Recognition] Unless there is dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 through 5, and hereinafter they are identified as various numbers.