beta
Text
1. The defendant's each case against the plaintiff in this Court No. 2004Gadan57165, and this Court No. 2008Gadan31543.
Reasons
1. Basic facts
A. The ownership relationship between the instant land and the instant officetel 1) Jinjin Integrated Construction Co., Ltd. is Daejeon Seo-gu C Dae-gu 1,657 square meters (hereinafter “instant land”).
(C) building 13 and 4 underground (hereinafter referred to as “C building”)
In the process of new construction, the construction of the instant land was suspended. Since then, the construction of the Si was successively changed to east General Construction Co., Ltd., and the C building was finally completed around March 1997. 2) D acquired the instant land by winning a successful bid at the auction procedure on April 21, 1995.
3) On July 7, 2004, the Plaintiff shares 987.891/1305.52 of the underground 101 among the buildings C on July 7, 2004 (hereinafter “instant officetel shares”).
B. D and the Plaintiff filed a lawsuit against the Plaintiff on November 11, 2004 against the Plaintiff for payment of the amount of KRW 2,615,710 per month from July 7, 2004 to the date on which the Plaintiff acquired the instant officetel shares at the time of expiration of the Plaintiff’s possession of the instant land or the date on which D’s ownership is lost.
2) On January 13, 2005, between the Plaintiff and D on January 13, 2005 (hereinafter “the first adjustment”) are as follows:
1. From July 7, 2004, the Plaintiff paid to D an amount equivalent to KRW 1,100,000 per month from the date of acquiring the Plaintiff’s possession of the instant land or the date of losing the Plaintiff’s ownership. D on July 26, 2007, the remainder of the claims is waived. D on July 26, 2007, transferred the claim under the first conciliation protocol to the Defendant on July 26, 2007, and notified the Plaintiff of the transfer of the claim on July 31, 2007.
2) On August 10, 2007, the Defendant obtained an execution clause to succeed to the first protocol for the conciliation, and applied for a compulsory auction for the shares of the instant officetel E to this court. The above court rendered a decision to commence compulsory auction on January 29, 2008 (hereinafter the above compulsory auction is referred to as “instant compulsory auction”).