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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim added in the trial is dismissed.
3. The time when the action has been brought.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 3 and 11 (including branch numbers, hereinafter the same shall apply) may be admitted, taking into account the whole purport of the pleadings (including substantial facts in this court). A.
On April 20, 2010, the Plaintiff leased three floors among the commercial buildings located in Ansan-si C (hereinafter “instant building”) from D (hereinafter “the instant building parts”) and operated a sobrying bank in the instant building parts around that time.
B. On February 27, 2015, the Defendant acquired the ownership of the instant building by winning a successful bid for the instant building in the procedure of auction of real estate auction conducted in Suwon District Court Pyeongtaekwon E (hereinafter “instant auction procedure”).
C. On April 22, 2015, the Defendant received an order to deliver real estate regarding the instant building part F of the Suwon District Court’s Eunpyeong Housing Site Board, and completed delivery of the instant building part.
2. The Defendant, prior to the filing of the instant lawsuit, filed a lawsuit against the Defendant regarding the defense prior to the filing of the instant lawsuit with the Suwon District Court KRW 2015Kadan9801, and the lawsuit of this case was pending in the first instance court, which rendered a judgment dismissing the Plaintiff’s claim. As such, the instant lawsuit was an unlawful lawsuit, and thus, pursuant to the purport of the entirety of the entries and arguments in the evidence Nos. 1 through 3 as to the instant lawsuit, the Plaintiff asserted against the Defendant for the payment of KRW 54,00,000, KRW 59,000,000, and KRW 500,000,000, and KRW 59,000,000,000 for the removal of various facilities installed in the instant building, and the part on the instant building, which was kept in the instant part, was excluded from the claim for corporeal movables.