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1. The defendant accepted the pledge contract in the annexed list 1 in the plaintiff Housing and Urban Guarantee Corporation.
Reasons
1. Facts of recognition;
A. Upon the commencement of compulsory auction on October 18, 2013, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) to acquire the ownership of the building A, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) had completed the registration of ownership preservation by commission, but it seems that the said registration was not completed until the time.
(hereinafter “instant building”) purchased the instant building in a compulsory auction procedure on May 7, 2015, and completed the registration of ownership transfer on the same day.
B. The Defendant’s claim and the partial possession of the instant building (1) the Defendant acquired the claim for construction price from D on July 27, 2010, which was the new construction of the instant building.
In addition, the Defendant received, against E Co., Ltd. and F, “8,635,123,626 won and five billion won among them, at the rate of 5% per annum from November 25, 2005 to July 14, 2012, and at the rate of 20% per annum from the following day to the date of full payment, and at the rate of 1,883,371,956 won per annum from November 25, 2005 to the date of full payment (hereinafter “instant secured claim”), jointly and severally, paid the amount of KRW 25% per annum from November 25, 2005 to the date of full payment (hereinafter “instant secured claim”).
(2) Of the second floor of the instant building, the Defendant is the office of this case where “the part of the instant building does not exceed 25 square meters, which connects each point of the attached Form 2 drawings No. 5, 6, 7, 8, and 5.”
(3) The Plaintiff Company: (a) purchased the instant building; and (b) filed a lawsuit against the Defendant to deliver the instant office. The first instance court (this court) accepted the Defendant’s right of retention defense; and (c) rendered a judgment to deliver the instant office to the Plaintiff Company at the same time with the payment of the instant secured debt. The Plaintiff Company’s appeal (this court 2016Na304728) and final appeal (Supreme Court 2017Da219355) against the said judgment were all dismissed. (c) The Plaintiff Company’s failure to occupy the instant office and recovery (the Plaintiff Company 1) from March 2017 to March 201.