1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. D purchased the instant land on December 28, 1987, and completed the registration of ownership transfer on December 29, 1987.

B. In accordance with Article 75 of the former National Tax Collection Act (amended by Act No. 7004, Dec. 30, 2003), the director of the North Incheon District Tax Office conducted a public auction on the instant land (the parcel number was C at that time), and decided to sell the instant land to the Plaintiff at KRW 3,220,000, and sent a notice of decision to sell the land to the Plaintiff by January 24, 2003 to pay the Plaintiff the sale price of KRW 3,220,000 by January 30, 2013.

C. On January 22, 2003, the Plaintiff paid KRW 400,000 to the sale price for the public auction procedure for the instant land, and received a receipt from the director of the North Incheon District Tax Office.

In addition, on January 29, 2013, the Plaintiff wired the remainder of KRW 2,820,000 to the Korea-U.S. bank account under the name of the North Incheon National Tax Office, and received a receipt from the head of the North Incheon National Tax Office.

On March 17, 2003, the director of the tax office of North Incheon shall transfer ownership to the plaintiff on February 18, 2003 with respect to the successful bid of the land of this case as of February 18, 2003.

The request for the transfer of ownership following the completion of the public auction was made.

E. D on April 6, 2009, sold the instant land to the Defendant, and completed the registration of ownership transfer by the Daejeon District Court Sejong District Court No. 6386, Apr. 7, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the plaintiff acquired the land of this case through public sale pursuant to Article 77 (1) of the National Tax Collection Act, except in extenuating circumstances, since the plaintiff was awarded a successful bid in the public sale procedure for the land of this case and paid the successful bid price in full.

Therefore, the transfer registration of ownership on the land of this case that was completed in the future of the defendant is concluded with a person who is not the owner.