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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On November 17, 2015, the Plaintiff purchased from the Defendant for KRW 350,00,00 from Suwon-si, Suwon-si C large 221 square meters (hereinafter “instant real estate”) and its ground buildings, and completed the registration of ownership transfer on February 15, 2016.
However, at the time of the above sales contract, some of the buildings, fences, and containers constructed on the D’s land adjacent to the instant real estate were invaded (hereinafter “the instant intrusion part”) among the instant real estate.
The Plaintiff filed a lawsuit against Suwon District Court No. 2016da543620 against D’s land-based buildings, fences, and containers owner E, and on June 21, 2018, the said court rendered a judgment ordering the Plaintiff to remove the land-based buildings, fences, and containers on the part of the instant bed, deliver the part of the instant bed, deliver the part of the instant bed, and pay the amount of unjust enrichment equivalent to the rent for the part of the instant bed, and the costs of the lawsuit were to be borne by E. The aforementioned judgment became final and conclusive around that time.
[Ground of recognition] In this court, Gap evidence Nos. 1, 2, and 6 (including each number of documentary evidence; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings, the defendant sold the real estate of this case with knowledge of the fact that part of the real estate of this case was invaded, and delivered only the remaining part except the part of the crime of this case, even though he was obligated to deliver all of the real estate of this case to the court. The plaintiff is liable to compensate for damages caused by incomplete implementation.
The Plaintiff purchased the instant real estate in order to newly build a multi-family house and operate a rental business on the instant real estate, and the Defendant was also aware of it, but the construction was suspended until July 10, 2018 due to changes in the floor area ratio of the building originally intended to be newly built due to a security intrusion and the litigation between E and E became final and conclusive.