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(영문) 대구지방법원 2019.05.22 2018가단17140
부당이득금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 10,140.10

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff invested the Daegu Suwon-gu Housing Reconstruction Project Association (hereinafter referred to as the “Building Association”) and allocated J apartment K units in Daegu Suwon-gu F, G, H, D, and I (hereinafter referred to as the “instant apartment”), but did not conclude a contract for sale in lots with the Reconstruction Association.

B. The Plaintiff, the Plaintiff’s creditor, filed a motion to commence compulsory auction on the instant apartment to Daegu District Court M.

On August 22, 2007, this Court issued a decision to commence compulsory auction, and on August 22, 2007, the registration of ownership preservation was completed in the name of the plaintiff upon the commission of the registration of the entry of the decision to commence compulsory auction.

The decision to commence compulsory auction was withdrawn on December 5, 2008.

C. On December 10, 2010, the Defendant concluded a lease agreement on the instant apartment (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,800,000, and the term of lease from January 1, 2011 to December 31, 2013.

N Co., Ltd., the plaintiff's creditor, filed a motion to commence compulsory auction on the apartment of this case with Daegu District CourtO.

This Court rendered a ruling to commence compulsory auction on May 8, 2013, and the Defendant purchased the instant apartment on November 25, 2013, and completed the registration of ownership transfer on the same day.

The sale price was KRW 493,482,356, and the actual dividend was KRW 488,978,856, and the defendant was distributed KRW 20,000,000 among the small-sum lessee and the fixed-date lessee.

E. The reconstruction association filed a cancellation suit against the Plaintiff on the ground that the registration of initial ownership is null and void (Seoul District Court 2013Gahap11595, Daegu High Court 2014Na23288). The said judgment was finalized on October 28, 2015.

A reconstruction association also becomes null and void for a compulsory auction based on the plaintiff's registration of ownership preservation against the defendant.

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