1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. In the building delivery case filed against the Plaintiff by Songdo reconstruction Association (this Court Decision 2010Gadan537), “the Plaintiff is paid KRW 138 million from the Songdo Rebuilding Housing Association until June 30, 2010, and simultaneously ordered D to order D the apartment as indicated in the attached list (hereinafter “instant apartment”) to “the apartment as of May 11, 2010 to the effect that it would be the apartment as of May 28, 2010.”

D has completed the registration of ownership preservation on June 15, 2010 for the apartment of this case.

B. In the instant case of real estate rental auction (this Court E), the Defendant: (a) paid the price of the instant apartment on March 5, 2015; and (b) completed the registration of ownership transfer on March 10, 2015.

C. On April 16, 2015, the Defendant filed an application against the Plaintiff for a real estate delivery order with this court C, and received a decision to accept the said application (hereinafter “instant delivery order”). The Plaintiff appealed against the said decision, but the said appeal was dismissed on July 21, 2015, and the delivery order of this case became final and conclusive on August 1, 2015.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion has a legitimate right to possess the apartment of this case until he is paid KRW 138 million from the Songdo Rebuilding Housing Association in accordance with the above decision of recommending settlement, and the above decision of recommending settlement has not been effective against the defendant who is the successor after the closure of pleadings. Therefore, compulsory execution based on the delivery order of this case should be rejected.

B. Determination 1) An order for the delivery of real estate is a judgment to only object to an appeal (Article 136(5) of the Civil Execution Act), and falls under the title of execution stipulated in Article 56(1) of the Civil Execution Act. The objection to a judgment that may only be dissatisfied with an appeal should have arisen after the conclusion of the judgment (Article 57, 56, 44(1) and (2) of the Civil Execution Act. However, the grounds asserted by the Plaintiff are based on the assertion itself.