The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 22, 2015, the Plaintiff was awarded a successful bid in a compulsory auction procedure and completed the registration of ownership transfer in the name of the Plaintiff on August 4, 2015.

B. On March 22, 2017, the Plaintiff received an order to deliver real estate regarding the instant building from the Defendant to the court C, and the enforcement officer of this court tried to execute delivery of the instant building on or around March 10:51, 2017 (this court D). However, the Plaintiff failed to implement delivery execution on the ground that there was a difference in the occupation relationship of the instant building, such as stating that E, who was residing in the instant building, was “a person who occupies the instant building under a lease contract with the Defendant”.

C. The Plaintiff is a person who received KRW 3,300,000 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant illegally occupied the building of this case from the time when the plaintiff was awarded a successful bid, and entered into a lease contract with E at the same time, and transferred the possession of the building of this case to E.

On the other hand, the monthly rent of the instant building is 300,000 won, which is the amount recognized in the case related to the Fth of the same building (Seoul District Court Branch Branch 2016Kadan16148).

Therefore, the Defendant is obligated to pay the remainder of KRW 9,600,000, excluding KRW 3,300,000, which was already paid out of KRW 12,900,000, which was the amount equivalent to the rent for 43 months from July 22, 2015 to February 21, 2019, and the amount of KRW 300,000 per month from February 22, 2019 to February 22, 2019.

3. Determination

A. Relevant legal doctrine refers to an objective relationship in which the article appears to be a factual control of a person by social norms, and in order to have de facto control, it does not necessarily mean that the article is physically and practically controlled.