(영문) 인천지방법원 2015.06.11 2014나17459



1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the defendant to the part concerning the defendant's argument in the court of first instance, thereby citing it as is in accordance with Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's argument at the trial court

A. (1) The Defendant’s assertion (1) The Plaintiff: (a) cancelled the Yeongdeungpo-gu Mutual Savings and Finance Company’s mortgage on the portion of 1/4 of the instant land; (b) under the inspection of completion by the Gyeyang-gu Incheon Metropolitan City Office on the portion of 1/4 of each of the instant buildings; and (c) has the obligation to transfer the ownership without the lien to the Defendant; (d) on January 18, 2013, R acquired the ownership of the instant land through a voluntary auction and completed the registration of transfer; and (e) filed a lawsuit for the removal of the instant land and the transfer of land against the Plaintiff, etc., and issued a favorable judgment against the Plaintiff, the Plaintiff’s obligation became impossible.

(2) Furthermore, Article 20 of the Act on the Ownership and Management of Aggregate Buildings that the instant land, which is a site portion of each building of this case, is owned by a person who is not the owner of a building, and that a site ownership and a section for exclusive use should not be separately disposed of. The Plaintiff did not provide performance due to the failure to present necessary documents, such as a certificate of personal seal impression, a certified copy and abstract

B. (1) First of all, according to the evidence evidence Nos. 3, 16, and 17 as to the assertion of non-performance, the following facts are as follows: ① On November 30, 2001, before the Defendant entered into a sale and purchase contract with the network, the right to collateral security of KRW 700 million is established against the limited partnership company, the mutual savings and finance company, the debtor, the maximum debt amount, and the maximum debt amount. On November 30, 201, upon the application of the R to which the right to collateral security was transferred, the decision to commence voluntary auction was rendered on November 9, 201, and thereafter, R purchased it at the auction procedure on September 19, 201, and ② thereafter R thereafter.