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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) Ground steel bars and sculptures for real estate listed in the separate sheet;
Reasons
1. Basic facts
A. On August 24, 2005, the Defendant completed the registration of ownership transfer on the ground of donation on August 17, 2005 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On January 3, 2014, the registration of ownership transfer was completed on the ground of the instant real estate as joint collateral, with the Seoul Central District Court’s receipt of the maximum debt amount of KRW 1,100,000,000, the obligor, the Intervenor, and the Plaintiff’s Intervenor’s Intervenor as the Plaintiff’s Intervenor (hereinafter “instant mortgage”), and the registration of creation of a neighboring mortgage as the registration office’s receipt of the same registration office on February 27, 2014, with the maximum debt amount of KRW 6,454,50,000,000, the debtor, the Defendant, and the Defendant’s association as the mortgagee.
B. As to the instant real estate, the Plaintiff’s Intervenor filed an application for voluntary auction, and the Plaintiff was awarded the instant real estate on October 14, 2016 from the voluntary auction procedure (Seoul Central District Court E; hereinafter “instant voluntary auction”). On October 21, 2016, the Plaintiff completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under the Seoul Central District Court’s Branch Registry No. 45295 on October 21, 2016.
C. The Defendant owns, on the ground of the instant real estate, approximately KRW 690 square meters (hereinafter “instant building”) of the steel frame and the brick framed roof, an unauthorized building, one story underground, and one story 3 above ground.
[Reasons for Recognition] The facts without dispute, Gap's entries and images as well as the purport of the whole pleadings, which are written in Gap's evidence 1 to 4, 6, 7, 9, 10 to 17 (including the number; hereinafter the same shall apply)
2. Determination as to the principal lawsuit
A. According to the above facts finding as to the cause of the claim, the Plaintiff acquired the ownership of the instant real estate on October 21, 2016, and the Defendant obtained the use profit equivalent to the rent for the instant real estate by occupying the instant building, thereby incurring damages equivalent to the same amount to the Plaintiff.
The plaintiff's exercise of ownership of the real estate of this case.