제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D New construction of multi-household housing on the Eunpyeong-gu Seoul E and F ground (hereinafter “multi-household housing in this case”) and completed registration of initial ownership of each partitioned building on October 27, 2010. The fourth floor of the instant multi-household housing was a partitioned building of 401 and 402.
B. Of the instant multi-household housing, D completed the registration of ownership transfer on February 18, 201 with respect to the instant multi-household housing on the ground of “sale on December 31, 2010.” On February 18, 2011, the Plaintiff completed the registration of ownership transfer on the ground of “sale on December 31, 2010,” and on February 18, 2011, the Plaintiff completed the registration of ownership transfer on the basis of “the Plaintiff, the maximum debt amount of KRW 150,000” with respect to the Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff at Seog Agricultural Cooperative. (C) D completed the registration of establishment of a mortgage on the instant multi-household housing, which is the real estate indicated in the separate sheet, (59.95 square meters; hereinafter “instant real estate”). D completed the registration of ownership transfer on March 29, 201 and completed the registration to the Defendant on March 16, 2011.”
(2) As regards the shares of G among the instant real estate, B acquired shares after G’s death and after the split-off consultation between inheritance and heirs, B independently owned the instant real estate, and upon the Defendant’s application, the decision to commence auction (Seoul Western District Court C) on June 12, 2013 was rendered.
There are differences in the structure, area, etc. of the instant real estate and in the auction procedure for the instant real estate, B was residing in the place indicated as No. 402 at the time of the survey on the current status, and B was located in the place indicated as No. 401 on the present door.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings
2. Determination:
A. Although the Plaintiff asserted that the Plaintiff completed the registration of ownership transfer as to No. 401, unlike the indication of the registry, there is a change in Articles 401 and 402 on the front door.