1. The plaintiff's claim is dismissed.

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

1. The assertion and judgment

A. The Plaintiff’s assertion is a creditor under the Seoul Central District Court Decision 99Da104372 decided on March 31, 2014, the Defendant filed an application for a compulsory auction with this court on the instant real estate owned by the said company as a creditor under the Seoul Central District Court Decision 99Da104372 decided on March 31, 2014 on the said real estate.

On July 15, 2013, the Plaintiff purchased the instant real estate from the Nonparty Company on July 15, 2013, before the registration of ownership preservation was made in the name of the Nonparty Company on the instant real estate.

Therefore, the plaintiff is the owner of the real estate of this case who is not subject to compulsory execution by the defendant.

B. (1) As such, a lawsuit of demurrer by a third party against a compulsory execution under Article 48 of the Civil Execution Act should be brought against the execution obligee, by asserting that there exists a right to prevent the transfer or delivery of the ownership and other objects of execution already commenced. As such, the right which is the cause of the lawsuit ought to be able to be set up against the execution obligee.

(2) In cases where the subject matter of execution falls under the ownership of the executory debtor, a third party who has a claim to return the subject matter under a contractual relationship with the executory debtor has a right to prevent transfer or delivery of the subject matter. (See, e.g., Supreme Court Decision 2007Da7409, May 10, 2007). Also, in cases where the subject matter of execution falls under the ownership of the executory debtor, a third party who has a claim to return the subject matter may raise an objection to the third party’s lawsuit (see, e.g., Supreme Court Decision 2002Da16576, Jun. 13, 2003). However, in cases where the subject matter of execution falls under the ownership of the executory debtor, the right to claim the subject matter of execution may be the cause of objection to the third party’s lawsuit (see, e., Supreme Court Decision 200