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(영문) 대구지방법원경주지원 2020.06.26 2019가합3103
매수인지위확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 16, 2009, the Plaintiff obtained ownership by paying the price on December 2, 2009, in response to the bid on B 372 square meters (hereinafter “instant land”) at the auction procedure for the real estate auction case for Daegu District Court Racing Support C, which was held on November 23, 2009, on November 23, 2009.

(hereinafter “instant auction”). (b)

On November 18, 2009, the land category was changed to a road, and it was divided into B 332 square meters, D 14 square meters, and E road 26 square meters on August 30, 2010. On February 15, 2016, each of the above land was combined, and the area was changed to 372 square meters on August 30, 2010, and divided into B 329 square meters, F 13 square meters, G 30 square meters, and G 30 square meters on August 31, 2017, and the area was changed to 372 square meters.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. On April 28, 2010, the Plaintiff asserted that the Defendant promised to purchase the instant land from the Defendant H Ha or H to purchase the instant land and to install urban gas pipelines in the Idong Zone, and issued all documents, such as a written consent to the use of the instant land, to the J representative of the Co., Ltd., which performed installation works of urban gas pipelines in the Idong Zone.

Nevertheless, since the Defendant did not comply with the promise to purchase the instant land, it is sought to confirm that the Plaintiff is in the buyer status with the Defendant regarding the instant land.

3. The defendant's judgment on the main defense of this case is unlawful as there is no benefit of confirmation, and the main defense of this case is unlawful.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is the most appropriate means to be ruled to remove it immediately due to unstable rights or legal status, danger, and to eliminate such apprehension and risk.

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