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1. The defendant shall be the plaintiff.
(a) On July 20, 2012, with respect to real estate listed in the separate sheet, a sale on July 20, 2012
Reasons
1. Facts of recognition;
A. The Plaintiff is a reconstruction association established for the purpose of constructing a new apartment with the size of 16,100.74 square meters outside the Incheon Bupyeong-gu, Incheon Metropolitan City as an improvement project area. The Plaintiff was authorized to implement the project on January 6, 2006 by the head of Bupyeong-gu, Incheon Metropolitan City, which was subject to the authorization for the implementation of the project on April 9, 2012, and the authorization for the implementation of the project on December 30, 2015.
B. D is an association member who owned real estate in the attached Form (hereinafter “instant real estate”) located within the said rearrangement project zone, and did not apply for parcelling-out to the Plaintiff by July 19, 2012, which is the closing date for the application for parcelling-out.
C. On September 29, 2009, the instant real estate: (a) the maximum debt amount of KRW 39,000,000; (b) the obligor D; and (c) the right to collateral security, a life insurance company for the mortgagee; (b) the maximum debt amount of KRW 54,600,000 on July 28, 2010; (c) the obligor D; and (d) the life insurance company for the mortgagee D; and (c) on March 9, 2016, the Incheon District Court rendered a provisional disposition order 2016Kadan10562, the registration of provisional disposition was completed.
Upon the application of the said mortgagee, on June 22, 2016, the procedure for the auction of the instant real estate E with the Incheon District Court (hereinafter “instant auction procedure”) was commenced. On July 4, 2017, the Defendant acquired the ownership of the instant real estate after being sold at the above auction procedure.
The appraised value of the pertinent real estate as of July 20, 2012 is KRW 80,700,000.
At present, on July 4, 2017, the instant real estate is set up a maximum debt amount of KRW 82,800,000, and a collateral security, which is the debtor, the defendant, and the Suhyup Bank.
[Ground of recognition] Documents Nos. 1 through 7, Eul Nos. 1 and 2 (including branch numbers), the result of a request for market price appraisal by this court, the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of the claim is the former city and the former city of the relevant legal doctrine.