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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On July 28, 2017, the Plaintiff purchased KRW 170,000,000 (hereinafter “instant sales contract”) from H for KRW 2,780,000,00 for the purchase of KRW 2,780,000,000,000, in total, of KRW 743,000,000,000 (hereinafter “instant land”).
B. The Plaintiff completed the registration of ownership transfer on August 1, 2017 with respect to the instant land.
C. On November 1, 1991, the Defendant started double-storys in the instant land in the name of “F”, and installed stable buildings in the 1990s, but completed registration of the preservation of ownership on single-story animal and plant-related facilities, etc. installed on the instant land on August 18, 2017.
The defendant's livestock shed buildings occupy the above land owned by the plaintiff as stated in the purport of the claim.
[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 through 5, and 9. Each statement (including a satisfy number; hereinafter the same shall apply)
(i) the result of the appraiser I’s appraisal, the purport of the entire argument
2. Judgment on the defendant's main defense of safety
A. The purport of the Defendant’s assertion was to conclude the instant sales contract with the purpose of having the Plaintiff proceed with a lawsuit seeking removal of a stable building and delivery of the instant land against the Defendant.
Therefore, the instant sales contract is null and void as it was concluded for a litigation trust, and the instant lawsuit is unlawful.
B. In a case where the sale and purchase, etc. primarily takes place with the aim of enabling the relevant legal principles to take procedural actions, Article 7 of the Trust Act shall be deemed null and void, even if the sale and purchase do not constitute a trust under the Trust Act, by analogy. Whether it is the primary purpose of litigation shall be determined in light of all the circumstances such as the process and method of a sales contract, interval between the transfer and the filing of the lawsuit, and the personal relationship
(See Supreme Court Decision 2000Da4210 delivered on December 6, 2002, etc.). C.
Judgment
1. Gap evidence 7 to 10 and Eul 1.