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(영문) 대구지방법원서부지원 2015.10.13 2014가단10520
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2. The case.

Reasons

Facts of recognition

The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) contracted for the construction of a new apartment on the ground of Dag-gu and 8 lots of land, Seo-gu, Daegu-gu, and completed the construction on December 11, 2008. On October 12, 2009, the approval for use of the above apartment was granted on October 12, 2009. On the other hand, E, as a member of the Nonparty Union, purchased the real estate listed in the separate sheet (hereinafter referred to as the “instant apartment”), and completed the registration of ownership preservation on November 10, 2009.

In relation to the above reconstruction improvement project, the non-party association subrogated 121,692,431 won, including the relocation expense loan obligation borne by E to the Daegu Bank, the 3,701,292 won, the 3,701,292 won, the 18,095,553 won, and the 1,684,570 won, and the 1,692,431 won, in total, for the instant apartment.

On November 26, 2009, the non-party union transferred to the Plaintiff the claim for reimbursement against E of the non-party union upon subrogation (hereinafter “the claim for reimbursement of this case”). On December 11, 2009, the non-party union notified the Plaintiff of this claim.

In addition, on November 9, 2009 with respect to the apartment of this case, the Plaintiff entered into a mortgage contract with E on the basis of a maximum debt amount of 294.6 million won, and completed the establishment registration of a mortgage on November 10, 2009.

On December 21, 2009, Seo-gu, Daegu Metropolitan City seized the instant apartment on December 21, 200. The Korea Asset Management Corporation issued a public auction notification on the said apartment on September 25, 2013 upon the request of the public auction agency and conducted the public auction procedure (hereinafter “relevant public auction procedure”). The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) won awarded the said apartment on January 29, 2014, paid the successful bid price and completed the registration of transfer of ownership on January 29, 2014, and accordingly, the registration of the establishment of the said apartment in the Plaintiff’s name was cancelled.

The plaintiff in the relevant public auction procedure is about E, and the apartment of this case.

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