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1. The plaintiff's lawsuit of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 7, 2008, the Plaintiff purchased the land listed in paragraph 4 and the building listed in paragraph 5 of the attached Table (hereinafter “instant auction real estate”) from the Gwangju District Court C’s auction procedure, and completed each registration of ownership transfer in the name of the Plaintiff on August 11, 2008.
B. On September 27, 1983, the registration of ownership transfer was completed in the name of D on the ground of sale on September 27, 1983, and on November 28, 2001, the registration of ownership transfer was completed in the name of B on the ground of the successful bid due to voluntary auction, E on June 21, 2006, and on June 23, 2006, each registration of ownership transfer was completed in the name of Jeonnam-gu Co., Ltd. on the ground of sale on June 23, 2006.
C. On November 17, 1983, the registration of ownership transfer was completed in the name of D due to the sale on November 17, 1983, and the registration of ownership transfer was completed in the name of B due to the successful bid due to voluntary auction on November 28, 2001, the name of E due to the sale on June 21, 2006, and on June 23, 2006, the registration of ownership transfer was completed in the name of Jeonnam-gu Co., Ltd. on June 23, 2006.
Attached Form
Each real estate listed in the list of paragraphs 1 through 3 is owned by the defendant.
2. Where the right of a creditor to be preserved by subrogation is not acknowledged in a creditor subrogation lawsuit ex officio, the creditor himself/herself becomes the plaintiff and becomes disqualified as the plaintiff who exercises his/her right to the third debtor, and such subrogation lawsuit shall be dismissed in an unlawful manner.
With respect to this case, the Plaintiff: (a) opened a fence on the part (d) of 94 square meters in the ship (hereinafter collectively referred to as “instant land”), which was owned by Nonparty D, the owner of the instant auction real estate, and the land listed in paragraphs (1), (2) and (3) of the attached Table Nos. 2, 3, 7, 8, 10, 11, and 2 of the attached Table No. 2, 3, 7, 10, 11, and 2; and (b) occupied the wall as an intention to own it; and (c) after 20 years elapsed.