제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion B owns C, D, and E land at the time of permanent residence (hereinafter “instant land”).
F On February 7, 2012, under the name of Dong C and the instant land, the F concluded a sales contract of KRW 530 million and paid KRW 20 million as the down payment. The remainder amounting to KRW 510 million after constructing a building on the instant land and paying KRW 50 million after seven months after the completion of construction.
On July 1, 2012, H, a real representative of the Plaintiff, entered into a contract for new construction of a row house on the ground of the instant land with F as KRW 1.62 billion between F and F, and entered into a contract for construction of a new apartment house on the ground of the instant land. Since the registration of ownership transfer of the instant land has yet to be entered into in B in the future, the contract for convenience entered into as B
(hereinafter “instant contract”). In accordance with the instant contract, the Plaintiff completed a tenement house (hereinafter “instant building”) as indicated in the attached table on the instant land pursuant to the instant contract, but was not fully paid the construction cost under the instant contract by F. F on May 10, 2013, the Plaintiff acquired all rights and all rights related to the instant contract from F and G against B and all rights related to the construction works undertaken under the instant contract.
Therefore, even though the Plaintiff’s construction of the instant building was originally owned by the Plaintiff with his own effort and materials, the Defendant, a creditor of B, filed an application for commencement of compulsory auction on the instant land under B’s name by a notary public, based on the notarial deed of Daegu General Law Office No. 1006, No. 1006, which was prepared with B, and received a decision to start compulsory auction on the instant land under B’s name, as to the instant building under B’s name and on its ground.
However, compulsory auction against the building of this case owned by the plaintiff should not be permitted.
2. Each of the evidence Nos. 6 and 9-1 and 2 of the judgment Nos. 9-2 shall be the plaintiff's own.