수익권확인
1. The plaintiff's claim that was changed in exchange in this court is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) owned the land for factory D 41938m2 and its ground (hereinafter “instant real estate”) in Bupyeong-gu, Incheon. However, around November 197, the Plaintiff, who jointly and severally guaranteed C’s debt, was also in bankruptcy status on a yearly basis around February 1998.
B. Upon commencement of the discretionary auction procedure for the instant real estate, E and F (hereinafter “E, etc.”) were awarded a successful bid, C entered into a sales contract for the instant real estate with E, etc. on November 26, 2003, and the successful bid price is KRW 12.5 billion, including KRW 2.6 billion, the successful bid price is KRW 10.2.6 billion, and E, etc. entered into an agreement to register the ownership transfer under the name of E, etc. or a person designated by C or C (hereinafter “instant sales contract”), and thereafter C designated the Defendant and G (hereinafter “G”).
C. Around October 2005, G et al. failed to perform the obligation under the instant sales contract after completing the registration of ownership transfer, the Defendant filed a lawsuit against E et al. for the performance of each of the 1/2 shares transfer procedures against E et al. on July 2006 and won the winning of the lawsuit. G et al. on April 16, 2008, and the Defendant completed the registration of ownership transfer with respect to each of 1/2 shares on October 21, 2009.
After that, the Defendant: (a) leased the instant real estate within the scope of its share and delayed payment thereof; (b) filed a lawsuit claiming the rent payment against the lessee, etc. by Seoul Western District Court Decision 2013Gahap2306, Sept. 5, 2013; and (c) received a favorable judgment as to KRW 500,000 and delay damages.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 39 (the omission of a provisional number; hereinafter the same shall apply), the witness of the first instance court, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff 1's assertion is C-C.