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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. C purchased the instant land from F on August 28, 200 and completed the registration of ownership transfer based on the said sale on the same day. (2) On September 27, 2000, in order to raise funds to construct the instant building on the ground of the instant land, C shall be the debtor with respect to the instant land and completed the registration of creation of a mortgage at KRW 17,00,000 with respect to the instant land at KRW 17,00,000 with respect to the maximum debt amount, and thereafter H shall have undertaken the construction of the instant building.
3) On January 23, 2002, G Union received a voluntary decision to commence the auction on the instant land from Changwon District Court I. On January 7, 2003, the Plaintiff purchased the instant land during the said voluntary auction procedure on January 7, 2003. (4) The Defendant’s mother D, on February 5, 2003, issued a decision to prohibit the provisional disposition of real estate under the Changwon District Court Decision 2003Kadan985 by claiming the right to claim ownership transfer registration against the instant building as preserved right, and on February 7, 2003, the registration of ownership preservation was completed in the C future due to the entrustment of the registration of the entry of the said provisional disposition.
5) D filed a lawsuit against C seeking ownership transfer registration, etc. of the instant building by Changwon District Court 2003Ga7510, and on September 5, 2003, the conciliation was concluded that “C shall receive KRW 19,053,185 jointly and severally from D and H, and simultaneously implement the procedure for ownership transfer registration as to the instant building in the name of D and H’s designated entity. 6) on August 17, 2004.”
B. On November 23, 2006, the Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment equivalent to the rent for the instant land as Busan District Court Branch Branching 2006Gabu12983, and filed a lawsuit against the Defendant for the return of unjust enrichment.