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(영문) 부산지방법원 2018.05.29 2017가단300356

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 13, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit for KRW 100 square meters (hereinafter “the leased object of this case”), which is part of 100 square meters of the 30th floor (hereinafter “the leased object of this case”), among the 3rd floor neighborhood living facilities in the Geumdong-gu Busan Metropolitan City, Geumcheon-gu, Busan Metropolitan City, the Defendant, for the 3rd floor reinforced concrete structure, 249.93 square meters of 246.12 square meters of 246.12 square meters of 3 floors, 246.12 square meters of 3 floors, and 238.18 square meters of underground floor (hereinafter “instant building”).

B. As to the building of this case, the Busan District Court received No. 13359 on April 19, 2013, the provisional disposition registration for the prohibition of disposal filed by creditors D, E, and F was completed on March 11, 2015, and the provisional attachment registration filed by the above creditors was completed on March 11, 2015, and the provisional attachment registration filed by the above creditors was completed on May 26, 2016, as the same court’s receipt of the same court No. 13868, May 26, 2016, respectively.

C. After that, on December 13, 2016, the highest price had been applied for the compulsory auction procedure for the instant building, and the highest price was decided on the 20th of the same month.

On the other hand, on December 23, 2016, when concluding a contract to sell the building, etc. of this case to SBT Co., Ltd., the Defendant filed a lawsuit of demurrer (2016dhap152) with the Suwon District Court on the same day on the same day, and on the 26th of the same month, the Defendant filed an application for the suspension of compulsory execution (U.S. District Court 2016 business414) on the same day while paying the amount corresponding to the amount of the above application for auction (No. 2016dhap11). On January 9, 2017, the Defendant filed an appeal against the decision to permit the sale of this case (U.S. District Court 2017Ra111).

After that, SV Co., Ltd. purchased the instant building from the Defendant completed the registration procedure for ownership transfer of the instant building on April 12, 2017, and on April 21, 2017, it repaid on behalf of the Defendant the total amount of the debt for the cause of the compulsory auction procedure of this case.

Accordingly, the procedure for compulsory auction of this case is the procedure.