집행문부여에 대한 이의의 소
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On September 22, 1998, C purchased from D (former E; hereinafter “D”) a F-188 square meters (hereinafter “instant land”) in Kimhae-si, Kim Jong-si (hereinafter “D”) and commenced a new construction of the instant land with a consent to use the site for constructing a building on the instant land by obtaining a consent to use the land on the instant land.
B. D rescinded the sales contract for the instant land concluded with C on September 17, 2001 on the grounds of the remainder payment.
C. C completed the instant building on November 9, 2001, and completed the registration of ownership preservation by the Changwon District Court Kimhae District Court No. 87357. On the same day, C completed the registration of ownership transfer to G under Article 87360 of the same registry office.
D filed a lawsuit seeking removal of the instant building and delivery of the instant land by the conjunctively claiming revocation of the sales contract for the instant building and implementation of the registration procedure for cancellation of ownership transfer registration for the instant building on the ground that the sales contract for the instant building concluded between C and G was fraudulent act, and as a preliminary claim for removal of interference based on ownership.
The court dismissed D’s primary claims, and accepted the conjunctive claims, and sentenced D to the judgment that “G shall remove the instant building and deliver the instant land to D,” and the above judgment was finalized on January 25, 2005.
(Law Firm Changwon District Court Decision 2002Da44246 delivered on November 19, 2003, hereinafter "the judgment of this case") is e.g.
On February 14, 2012, the Plaintiff purchased the building of this case in the public sale procedure and completed the registration of ownership transfer as the Changwon District Court Kimhae registry office on February 20, 2012.
F. On January 18, 2019, the Defendant: (a) sold the instant land at auction on January 18, 2019 in Changwon District Court H Voluntary Auction; and (b) completed the registration of ownership transfer on January 24, 2019 by the Changwon District Court Kim Jong-hae registry office.
G. On February 12, 2019, the Defendant is governed by G.