1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 9, 2011, the Plaintiff purchased and was handed over the instant movable property at KRW 62,460,000 through the auction procedure for corporeal movables (No. 2010No. 2123) at the Daejeon District Court Branch.

B. The Plaintiff again sold the instant movable property to C, and received 36,000,000 won as down payment.

C. On July 5, 2011, the Defendant entered into a contract with C to purchase the instant movable property at KRW 30,000,000, and entered into a written contract with C as a letter of certification on July 7, 2011 with Ministry of Justice No. 3863, Jul. 7, 2011.

The Defendant is currently taking over the instant movable from C, and currently occupies the instant movable.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that he is the owner of the movable property of this case and sought the transfer of the movable property to the defendant who is the possessor. Thus, as seen earlier, the plaintiff purchased and acquired the ownership of the movable property of this case through the auction procedure, and again sold the movable property of this case to C. Since the plaintiff transferred the ownership of the movable property of this case to C, the plaintiff's assertion cannot be accepted without any need to further examine it.

Although the Plaintiff had sold again as above and received 36 million won as down payment to C, the Plaintiff asserted that C terminated the sales contract with C and forfeited the down payment as it did not pay the remainder, but there is no evidence to acknowledge the fact of termination of the contract.

Rather, as seen earlier, the Defendant again purchased the instant movable property from C. Meanwhile, according to the statement in the evidence No. 3, the Defendant asserted that C had paid the remainder that C would have to pay to the Plaintiff, and that C would have directly paid it to the Plaintiff upon C’s request, the Defendant’s purchase of the instant movable property from September 16, 201 to December 5, 2011.