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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence 1-1 and 2, taking into account the whole purport of the pleadings:
On May 15, 2003, the Plaintiff purchased 1/2 shares of 2285 square meters (hereinafter “instant land”) with D pertaining to 2285 square meters in Thai-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) and completed the registration of ownership transfer on May 19, 2003.
B. On October 27, 2005, upon a creditor F’s request, a decision of compulsory commencement of auction was rendered by Seosan Branch of the Daejeon District Court with respect to the Plaintiff’s 1/2 share of the instant land, and H was awarded a successful bid at the above auction procedure and paid the proceeds of sale on June 1, 2006, and completed the registration of ownership transfer on June 14, 2006.
C. On the ground of the instant land, the Plaintiff newly built the sand position panel, sand position panel, and one story house and warehouse (hereinafter “instant building”) on the ground of the instant land, and the registration of preservation of ownership was completed in the future of the Plaintiff on November 18, 2005 due to the Plaintiff’s request for provisional attachment registration by creditor F.
On November 12, 2010, upon F’s request, the Daejeon District Court rendered a decision to commence compulsory auction on the instant building as Seosan Branch I. On November 17, 201, the Defendant received a successful bid and paid the proceeds of sale on November 17, 201, and completed the registration of ownership transfer on November 28, 201.
2. The plaintiff's assertion and judgment
A. The gist of the assertion is that the Plaintiff purchased shares of 1/2 of the instant land and agreed to carry on the same business with D and Dong with the remainder of the right holder of the instant land as a partner, and accordingly, the Plaintiff newly constructed the instant building on the instant land by adding a size of 581 square meters to a size of 174 square meters for an illegal expansion to a size of 174 square meters on the instant land.
On the other hand, the Plaintiff leased the instant building to H on June 2, 2005, and H newly constructed a plastic house warehouse of 230 square meters in front of the instant building (hereinafter “instant plastic house”).
On the other hand, the Plaintiff, including the construction cost of the plastic houses in this case, to H. 20.