Text
1. The Plaintiff:
A. Defendant B shall indicate the attached drawings (1), (5), (6), (7), and (1) of 132 square meters, which are linked in sequence to each point.
Reasons
1. Facts of recognition;
A. On May 2, 1986, the registration of transfer of E ownership has been completed in the name of the Plaintiff-friendly business around May 2, 1986, around 1986, on the third floor neighborhood living facilities of 90.835 square meters and 7.275 square meters (hereinafter “commercial building”) of 3 floors neighborhood living facilities of 90.85 square meters and 277.275 square meters, such as the Busan Bludong D
B. In around the end of 1986, the Plaintiff constructed the instant building (132 square meters of the first floor, 222 square meters of the second floor, 132 square meters of the second floor, 132 square meters of the land, etc. (1), 2, 3, 4, 5, 84 square meters of the land and 14,76 square meters of the land owned by the G Construction Co., Ltd. (1, 2, 3, 4, 5, 6, 6, 7, 48 square meters of the land connected in order to each point) without obtaining permission from the authority on the land of 132 square meters of the land (1, 5, 6, 7, and 132 square meters of the land).
C. After the Plaintiff constructed the instant building, the Plaintiff was subject to the disposition of a fine for negligence for violating the instant building with respect to the instant building by the head of the Busan Metropolitan City, the Plaintiff was notified by the Korea Asset Management Corporation of the imposition of State compensation with respect to the said state-owned land, and the Plaintiff paid the indemnity
On August 22, 1994, the commercial building had been awarded a successful bid by Defendant B in the voluntary auction that was going to Busan District Court H, and the registration of ownership transfer was completed in Defendant B.
E. The instant building was not included in the subject matter of auction in the above voluntary auction.
[Ground of recognition] Unsatisfy, Gap evidence 1 through Gap evidence 5, 8 (including branch numbers in case of additional number), the purport of whole pleadings
2. Article 208(3)3 of the Civil Procedure Act to determine the claim against Defendant C (see Supreme Court Decision 208(3)3 by service by public notice)
3. Determination as to the claim against the defendant B
A. The Defendant’s assertion (1) is that the instant building is owned by E, the Plaintiff’s form of the building, and the Plaintiff is subject to the Defendant’s acquisition of the obligation to refund deposit money for the existing lessee after receiving a successful bid for a commercial building.