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1. The defendant shall sell real estate listed in the attached list of the real estate auction case of Busan District Court Seocheon Branch C.
Reasons
1. Facts of recognition;
A. The defendant is a partnership of maintenance and improvement projects which was established on May 19, 2004 in order to remove the D-one tenement house in Bupyeong-gu, Seocheon-gu and to execute the new apartment construction project.
B. The Plaintiff, as the Defendant’s member, entrusted on January 17, 2005 the real estate listed in the separate sheet owned by the Plaintiff in the rearrangement project zone (hereinafter “instant real estate”) to the Defendant, and the registration of ownership transfer was completed on January 20, 2005 with the Defendant as the trustee.
C. However, on October 14, 2013, the instant real estate was sold KRW 93,170,000 to a third party (E) on April 15, 2015 and its ownership was transferred upon the application of another general construction company (hereinafter “Teowon Construction”), which is the Defendant’s creditor.
On the other hand, on May 21, 2013, the Defendant filed a lawsuit against the Plaintiff for the delivery, etc. of the instant real estate (Seoul High Court Branch Decision 2007Gahap1400) and received payment of KRW 65 million equivalent to the market price of the instant real estate from the Defendant, and at the same time, issued a judgment (Seoul High Court Decision 2012Na47038, hereinafter “the final judgment of this case”) that “the Plaintiff transferred the instant real estate as it cancelled the registration of creation of a neighboring real estate on the instant real estate” (hereinafter “the final judgment of this case”). The judgment became final and conclusive on September 12, 2013.
At the time, the court sentenced the above repayment execution decision by deeming that the sale contract for the real estate of this case between the plaintiff and the defendant is deemed to have been concluded according to the defendant's claim for sale based on relevant Acts and subordinate statutes.
However, the Defendant did not perform its obligation to pay money to the Plaintiff even until the instant real estate was sold to E by auction, and the Plaintiff transferred the instant real estate to E after the sale.
[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-3, and arguments.