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(영문) 광주지방법원 2019.04.30 2018가단23037

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On March 2017, the Plaintiff leased, from the Defendant around 2017, lots of land outside C, Jeonyang-gun, Jeonyang-gun, the deposit amount of KRW 1,00,000,000 per month, and reconstructed the building stated in the purport of the claim on that ground.

With regard to the above leased site, the decision to commence voluntary auction was made to the Gwangju District Court D, and the above re-building was also included in the auction object.

(A) A-3) The plaintiff sought a judgment to confirm that the building stated in the purport of the claim is owned by the plaintiff as the plaintiff acquired it at the original time (the ground for appeal is unknown, but the above auction procedure is suspended) and that it is owned by the plaintiff for this purpose.

However, the dispute over the auction procedure is against the execution creditor or the successful bidder who contests it, and it is no legal basis for against the defendant who is the debtor, and there is no benefit of the lawsuit.

Therefore, the instant lawsuit is unlawful and dismissed.