제3자이의
1. The Plaintiff (Counterclaim Defendant) is a building indicated in the attached Form C of Daejeon-dong, Daejeon-gu, on the ground of 103 square meters above the Defendant (Counterclaim Plaintiff).
1. The fact that the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)’s ASEAN completed the registration of ownership transfer on March 15, 1989, with respect to the land of the Dong-gu Daejeon-gu Seoul Special Metropolitan City (hereinafter “instant land”) on February 18, 1989.
After that, on November 24, 2006, the instant land was sold to E Co., Ltd. (hereinafter “Nonindicted Company”) in the public sale procedure, and the ownership transfer registration was completed on December 4, 2006. On March 29, 2017, the instant land was sold to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) in the public auction procedure for real estate again on March 29, 2017, and the ownership transfer registration was completed on March 30, 2017.
D around 1989, around the time of the acquisition of the instant land, an unauthorized building (hereinafter “instant building”) with the size of 60 square meters indicated in the annexed drawing on the instant land, (1) 60 square meters, (2) 3 square meters, (3) 2 square meters, (4) 2 square meters, (5) 1 square meters in the annexed drawing on the instant land.
On September 2, 2009, the court of first instance rendered a judgment on September 2, 2009 that “D shall remove the instant building to the non-party company and deliver the instant land to the non-party company.” The non-party company was subject to the decision of substitute execution in accordance with the above judgment.
On September 28, 2017, the Defendant acquired the instant land, and on September 28, 2017, a written agreement between the Defendant and D, stating that if the Defendant leased the instant land to D and delayed payment of monthly rent at least three times, the instant building should be removed from the instant building and the instant land should be delivered (hereinafter “instant agreement”) and that “D, at the time of purchasing the instant land, purchased the instant building along with the instant building, and the Plaintiff confirmed that D is the owner of the instant building and registered at the domicile on the resident registration registry, and confirmed that D is the possession assistant with D’s mother.” (hereinafter “instant written confirmation”).
At the end of each of the above documents, it is identical to the indication of the attached drawing.