건물명도 등
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. On September 19, 2006, the Sinpo-si Housing Reconstruction Project Association (hereinafter referred to as the “Sinpo-si Association”) implemented the Sinpo-si Housing Reconstruction Project in the Sinpo-si 1240-dong, Seopo-si. The Defendant concluded a construction contract with the non-party association (hereinafter referred to as the “instant construction contract”) and constructed and supplied 2,64 units of apartment units following the said reconstruction project.
B. B concluded a sales contract with the non-party association on July 20, 2007 in order to purchase real estate included in the above reconstruction apartment (hereinafter “the apartment of this case”) as a member of the non-party association, and completed the registration of ownership preservation on the apartment of this case on December 20, 2010 when the sales price was not paid in full.
C. On December 7, 2011, the non-party union failed to pay part of the construction cost under the instant construction contract to the Defendant, and transferred to the Defendant the sales price claim (747,439,054 won in total) against B on December 7, 201, and notified the Defendant of the fact.
On January 11, 2012, the registration of seizure was completed on the apartment of this case as the holder of the right in the Republic of Korea on the ground of tax delinquency, but the Korea Asset Management Corporation issued a public auction notification on the apartment of this case on July 17, 2013 at the request of the Suwon Tax Office.
The registration of public auction notification was completed on July 19, 2013.
E. In the public sale procedure commenced as above, on October 4, 2013, the Defendant reported a lien of KRW 747,439,054 with the reported amount of the lien attached to the instant construction contract and the claim transfer and takeover contract regarding the unpaid construction expenses. The Plaintiff received a successful bid for the instant apartment on January 23, 2014 and completed the registration of ownership transfer on February 10, 2014.
F. The defendant asserts the right of retention on the apartment of this case and occupies the apartment of this case.