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(영문) 대구고등법원 2015.10.29 2015나20361

제3자이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts are not in dispute between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 7, and 8 and the purport of all pleadings.

In the case of permanent residence, E 10 square meters, D 111 square meters, C 2,491 square meters (hereinafter “instant land”) were land owned by B.

B. On February 7, 2012, G and B drafted a sales contract stating that G will purchase the instant land from B for KRW 530 million from the purchase price (hereinafter “instant sales contract”) (hereinafter “instant sales contract,” and “instant sales contract”).

B. On July 1, 2012, B and H (the Plaintiff’s representative K, hereinafter “H”) drafted a contract agreement between B and H (hereinafter “instant contract agreement”) stating that the construction of a tenement house as indicated in the attached Table (hereinafter “instant building”) on the instant land shall be awarded for KRW 1.62 billion for the construction cost (hereinafter “instant construction project”).

C. The instant construction was completed. D.

The Plaintiff acquired the right to the instant sales contract and the instant contract for G from G and F to G.

E. The No. 1006, No. 1006, No. 2012, No. 1006, No. 2010, No. 2010, No. 2010, No. 20100, No.

F. On November 21, 2013, the Defendant received a decision to commence compulsory sale of the instant building on the basis of the instant notarial deed (Seoul District Court AssistanceJ in the Daegu District Court; hereinafter “instant decision to commence the auction”). On November 22, 2013, registration of ownership preservation was completed upon the commission of registration of compulsory sale by official auction on the instant building, and registration of the entry of the instant decision to commence the auction was completed.

2. Determination

A. The Plaintiff’s assertion B is the instant land.