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(영문) 수원지방법원 여주지원 2021.01.28 2020가단50190
건물등철거
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 15, 2003, Nonparty D completed the registration of the transfer of ownership on the land of this case on March 4, 2003 due to voluntary auction.

B. On December 15, 2014, the Defendant completed on December 15, 2014, the registration of the right to claim the transfer of ownership based on the purchase and sale reservation (hereinafter “provisional registration of this case”).

(c)

With respect to the instant land, on January 25, 2019, upon E’s application by which the right to collateral security, which is the maximum amount of claims KRW 60 million, was created on March 19, 2012, the auction procedure of this case (hereinafter “instant auction procedure”) commenced on January 25, 2019. The Plaintiff completed the registration of ownership transfer on December 3, 2019, for the instant land by acquiring the instant land from sale during the instant auction procedure.

(d)

On December 3, 2019, the provisional registration of this case in the name of the defendant with respect to the land of this case was cancelled on the ground of sale due to voluntary auction in the auction procedure of this case.

E. On the ground of part of the instant land, the instant building is constructed.

F. The Defendant: (a) filed with Nonparty D an application for demand on the ground of the content that “Around November 14, 2016, the Defendant intended to exchange the instant land and the instant building with 20 million won in cash and 10 million won on the instant building; (b) provided that D was able to repair KRW 70 million on the instant building; (c) concealed the fact that D had established a provisional attachment registration on the instant land; and (d) sought a return of KRW 30 million on the instant land and the instant building without prejudice to the ownership prior to the instant land and the instant building; and (d) filed an application for demand on the ground of the content that “D would pay KRW 30 million to the Defendant” on December 14, 2016; and (e) made a final and conclusive order on February 16, 2016.

G. On April 25, 2019, the Defendant’s father G is the Defendant’s father.

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