손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Based facts, B obtained a building permit of 2,173 square meters of land for C on November 20, 2003 (hereinafter “instant land”) and completed the registration of ownership transfer on the said land under its own name on December 28, 2005, subject to the construction permit of 2,89.08 square meters of 2,201.05 square meters of 2 stories of automobile-related facilities (maintenance factories) and 101.05 square meters of 2 stories (hereinafter “instant B-dong building”). < Amended by Presidential Decree No. 19834, Sep. 22, 2005; Presidential Decree No. 19048, May 28, 2007; Presidential Decree No. 19032, Jun. 25, 2007; Presidential Decree No. 19170, Dec.
B On January 10, 2008, at a location of eight meters away from the building of this case to the south, B obtained a building permit of the building indicated in the attached sheet (hereinafter “instant building”) from January 15, 2008 and obtained approval for use on February 12, 2008, and completed registration of preservation of ownership on August 13, 2009.
B completed the registration of transfer of ownership to D on August 13, 2009 with respect to the instant multi-unit building, and D completed the registration of transfer of ownership to Dong Construction Co., Ltd. (hereinafter “I”), on August 31, 2012.
The prosperity Construction failed to pay the value-added tax for the year 2013, and the Jeju Tax Office attached the building of this case owned by the prosperity Construction on March 20, 2014, and followed the public sale procedure around February 11, 2015.
On May 26, 2015, the Plaintiff was awarded a successful bid for the instant building in the public auction procedure.
Meanwhile, on the other hand, Defendant Han Petroleum Co., Ltd. (hereinafter “Defendant Co., Ltd”) received from B on December 28, 2005 the ownership of the instant land and its ground operation, Dong building, and the instant building. The Jeju District Court filed a lawsuit against D on November 26, 2010 to remove the instant building, and received a favorable judgment on November 26, 2010.
The above judgment was finalized on January 13, 2011.
On July 23, 2015, the Defendant Company was granted the inheritance execution clause to the Plaintiff based on the above judgment, and its certified copy was delivered to the Plaintiff on July 29, 2015.
[Reasons for Recognition] Facts without dispute, Eul's evidence No. 1, Eul's evidence No. 2-1 and No. 2, and all pleadings.