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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. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) began to construct two row houses (hereinafter “the instant tenement house”) on the land, such as the Gangwon-gun, Seocheon-gun, etc. (hereinafter “instant land”).
B. E, a mortgagee of the instant land, applied for a voluntary auction on the instant land, and F was awarded the instant land in the said voluntary auction procedure on July 15, 2005.
The defendant purchased the land of this case from F on July 18, 2005, and completed the registration of ownership transfer on the same day.
C. C was exercising a lien on the instant tenement house under construction. On May 19, 2006, the Defendant entered into a sales contract with C to purchase the instant tenement house from C for KRW 600,000,000 (hereinafter “instant sales contract”).
In addition, the defendant and C entered into an agreement with the corporation newly established by the defendant on the same day to succeed to the rights and obligations of the defendant under the above sales contract.
After that, the defendant acquired management rights of G Co., Ltd. (hereinafter "G"), and G completed the registration of ownership transfer on May 3, 2007.
E. On May 28, 2007, G entered into a contract with the Defendant to acquire the right to the instant tenement house from the Defendant and to pay the price for the instant tenement house to C.
F. On August 6, 2007, the Defendant entered into an agreement with H and G on August 6, 2007, and the Defendant’s transfer of the rights and obligations regarding the instant tenement to H.
G. On August 25, 2008, G completed the registration of ownership preservation on the instant tenement house.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 7 (including the number of each branch; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings
2. The defendant alleged by the plaintiff.