손해배상(기)
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. This is due to the extension of claims for the costs of appeal.
1. Basic facts
A. (i) On November 13, 2009, the Plaintiff was awarded a successful bid on the Plaintiff’s real estate acquisition process through a voluntary auction (i.e., the Plaintiff’s land and building in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant land”) and the instant building (hereinafter “instant building”).
D. On November 13, 2009, the Plaintiff borrowed KRW 305,000,000 from Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”).
(hereinafter “instant loan obligations”). At the time, the agreement rate was 11% per annum, and the compensation rate for delay was agreed at 23% per annum.
The loan maturity was set on November 13, 2010, but was extended on November 13, 2012.
B. After receiving a successful bid for the instant real estate, the Plaintiff offered the following creditors a right to collateral security over three times as follows.
(1) On November 13, 2009, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “mortgage”). The Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “mortgage”), which consists of the obligor A (Plaintiff), obligee Seoul Mutual Savings Bank, and maximum debt amount of KRW 403,00,000,000.
C. On November 19, 2009, the Plaintiff completed the registration of establishment of the right to collateral security with the debtor A, the mortgagee D, the maximum debt amount of 150,000,000 won by the Seoul Central District Court No. 43392, Nov. 19, 2009.
On December 23, 2009, the Plaintiff entered into a mortgage establishment agreement with the Defendant, and completed the establishment registration of the first-class neighborhood class of KRW A (Plaintiff) and the maximum debt amount KRW 225,00,000 by the Seoul Central District Court No. 88 on January 4, 2010.
C. The Seocho-gu Seoul Central District Court received No. 983, Jan. 12, 2011; Gyeonggi-do Yangyang-gun was received on April 4, 2011; Seoul Central District Court received No. 12066, Jan. 16, 2013; and the Dongjak-gu Seoul Central District Court completed the attachment registration of each of the instant land as Seoul Central District Court No. 151540, Jan. 16, 2013.
dr.