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1. Defendant C’s KRW 3,797,680 as well as 5% per annum from November 11, 2017 to January 9, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. Each land listed in the separate sheet No. 1 (hereinafter “each land of this case”) and each land and building listed in the separate sheet No. 2, were real estate owned by D (except the land listed in the separate sheet No. 4, November 23, 1999 for the remaining real estate, and the registration of transfer of ownership in the separate sheet No. 4 was completed as of November 16, 2001 for the land listed in the separate sheet No. 1 list No. 4) and the registration of transfer of ownership in the previous sheet No. 1 for each of the above real estate was completed.
B. The Industrial Bank of Korea applied for voluntary auction on each of the instant lands and each of the lands and buildings listed in the separate sheet No. 2, and on June 17, 2005, voluntary auction was commenced to the District Court E with respect to each of the instant real estate.
(hereinafter “instant auction procedure”). C.
In the auction procedure of this case on February 15, 2007, each land of this case was awarded to Nonparty F in order to complete the registration of ownership transfer in the name F on the same day, and each land and building listed in the attached Table 2 list was awarded to Defendant C in order to complete the registration of ownership transfer in the name of Defendant C on the same day.
After that, on September 3, 2013, the Plaintiff awarded a bid for each of the instant lands in the G voluntarily auction procedure by the District Court of Jung-gu on September 3, 2013 and completed the registration of ownership transfer on September 5, 2013.
Meanwhile, Defendant B (hereinafter “stock company”) completed the registration of ownership transfer based on sale on May 30, 2015, as to each land and building listed in the separate sheet No. 2, July 30, 2015.
E. Part of the buildings listed in Articles 10 and 11 of the Attached Table 2, owned by Defendant B, covers the boundaries of each land listed in Attached Table 1, 1, 2, and 3, which are owned by the Plaintiff, and the part in which the crime is committed is as follows: ① 3, 4, 14, and 3 of the land listed in Attached Table 1, among the land listed in Attached Table 1, is as follows: ① 16m2 of the part in the ship connected in order of each point listed in Attached Table 3, 16m2 (hereinafter “instant land portion”); ② 7,8,9,10,10,18, 17, 16, 15, and 7 of the land listed in Attached Table 1, listed in Attached Table 1, respectively