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1. The plaintiff's claim that the court changed in exchange is dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Facts of recognition;
A. On February 6, 2007, the Defendant leased the instant land from C, the owner of the land listed in paragraph (1) of the attached Table No. 1 of Real Estate List (hereinafter “instant land”) by setting the lease period from February 21, 2007 to February 20, 2012, and KRW 1.2 million per annum.
B. Without C’s consent, the Defendant newly constructed a building listed in paragraph (2) of the attached Table No. 2 on the instant land (hereinafter “instant building”) and completed registration of the preservation of ownership in the name of the Defendant on November 11, 2010, the Cheongju District Court received on November 11, 2010.
C. On November 19, 2010, the Plaintiff and D entered into a contract with the Defendant to purchase the instant building at KRW 27 million (hereinafter “instant sales contract”) (hereinafter “instant sales contract”). The Defendant completed the registration of transfer of ownership in the name of the Plaintiff and D as the Cheongju District Court No. 138294, Nov. 23, 2010 with respect to each of the instant 1/2 shares of the instant building as to each of the instant 1/2 shares, and thereafter, delivered the instant building to the Plaintiff and D.
C A lawsuit was filed against the Plaintiff, Defendant, and D on the ground that construction and transfer of the instant building were conducted without their own consent against the Plaintiff, Defendant, and the Defendant for seeking removal of the instant building and delivery of the instant land (hereinafter “relevant civil cases”), and the judgment became final and conclusive on May 23, 2013 between C and the Plaintiff, and D on June 10, 2013, to the effect that “the Defendant shall pay C the amount equivalent to the rent calculated at the rate of KRW 100,000 per month from February 21, 2012 to the completion date of delivery of the instant land” between C and the Defendant, which became final and conclusive on June 26, 2013.
E. D. On September 27, 2016, 1/2 of D and the Plaintiff’s right to claim the purchase price of this case against the Defendant.