1. The plaintiff's claim is dismissed.

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

Basic Facts

On May 4, 2010, the Plaintiff: (a) on May 4, 2010, sold the purchase price of KRW 2.5 billion with D large 523.4 square meters in Ansan-si; and (b) Seosan-si E large 514.8 square meters in size (hereinafter “the instant land”); and (c) sold each of the instant land at KRW 2.5 billion.

(hereinafter “C”) On May 4, 2010, filed a lawsuit against the Plaintiff seeking the implementation of the procedures for the registration of ownership transfer for each of the instant land on May 4, 2010 (around 2011Gahap1580), but Suwon District Court dismissed C’s claim on the ground that the sales contract as of May 4, 2010 was rescinded on October 13, 2010.

C appealed against the above judgment, but the Seoul High Court dismissed C’s appeal on December 16, 201.

(Seoul High Court Decision 201Na50297) On December 5, 2011, the Suwon District Court rendered a voluntary decision to commence the auction of each of the instant lands on December 5, 201 (Uwon District Court SupportF) and the Defendant purchased each of the instant lands on October 22, 2012 in the said voluntary auction procedure.

The Defendant filed a lawsuit against the Plaintiff, etc. occupying the instant structure against the Plaintiff, etc. seeking delivery of the 5th underground and the 4th underground reinforced concrete structure of each of the instant land (hereinafter “instant structure”) (U.S. District Court, Ansan Branch, 2013Gahap1676), and Suwon District Court dismissed the Defendant’s claim on September 26, 2013.

The Defendant appealed against the above judgment, and the Seoul High Court appealed on September 4, 2014, the instant structure was completed on July 2007 with the floor, wall, ceiling, and the 4th underground floor, column, and wall construction on the 5th underground floor. Thus, it is an independent real estate separate from each of the instant land, and C acquired the ownership of the instant structure upon the original acquisition of the ownership of the instant structure by performing the said construction. As such, the Defendant, who acquired all rights to the instant structure from C, may request the Plaintiff, etc. to transfer the instant structure.

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