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1. The part concerning the creditor subrogation claim added at the trial among the lawsuits against Defendant Newdong Construction Co., Ltd.
Reasons
1. Basic facts
A. The relationship between the parties 1) The non-party partnership is the Housing Redevelopment Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of housing redevelopment improvement which newly constructs apartment houses and neighborhood living facilities on the land of 15,232 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.
B. G and the occurrence of loan accidents between G and the non-party association 1) G are the construction of Defendant Newdong-dong, which was in charge of the sale of the non-party association on June 1, 2009, and the non-party association and Seongbuk-gu Seoul H apartment 101 Dong 401 (hereinafter “the apartment of this case”).
2) The sales contract to sell the sales price of KRW 650 million (hereinafter “instant sales contract”).
(2) On March 17, 2011, G entered into an agreement with the Korean bank (hereinafter “Korea bank”) to receive a loan from the general household finance fund within the limit of KRW 42 million (hereinafter “instant loan”) for the payment of the intermediate payment for the instant sales contract, and to establish a collateral security right to secure the instant apartment loan when the ownership of the instant apartment is transferred from the non-party association.
However, G failed to pay KRW 239,291,862 out of the sales price to the non-party partnership, and the registration of ownership transfer of the apartment in this case was not possible.
3) Accordingly, in the event that the instant sales contract was cancelled with the debtor G and the third debtor partnership as the non-party partnership in order to preserve the instant loan, the bank filed an application for provisional seizure of the claim to return the sale price claim that G is to receive from the non-party partnership, and issued the Seoul Central District Court Order 2012Kadan12169 on February 15, 2012 (hereinafter “instant provisional seizure of claim”).
and the above decision shall be made on December 2012.