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(영문) 서울남부지방법원 2019.02.12 2017가단25332

손해배상(기)

Text

1. The Defendant’s KRW 18,575,342 to the Plaintiff, as well as 5% per annum from October 13, 2017 to February 12, 2019.

Reasons

1. Basic facts

A. On February 28, 2011, with respect to the real estate (hereinafter “the instant real estate”) indicated in the attached list of D Reconstruction Maintenance and Improvement Project Cooperatives (hereinafter “D”) as indicated in the attached list, the Plaintiff is a mortgagee of the instant real estate who purchased the instant real estate by units, and entered into a mortgage agreement with the non-party union with a maximum debt amount of KRW 100 million on March 25, 201, and completed the establishment registration of a neighboring mortgage on March 25, 2011 (hereinafter “the instant mortgage”).

B. On November 8, 2011, the Defendant asserted that the instant right to collateral security was null and void along with other buyers, and filed a lawsuit seeking cancellation of the right to collateral security (Seoul Southern District Court 201Gahap21526) by subrogation of the Nonparty Union.

C. During the proceeding of the first instance trial, the Plaintiff filed an application for a voluntary auction of the instant real estate auction with Seoul Southern District Court E on October 15, 2012 regarding the instant real estate based on the instant right to collateral security, and the Defendant filed an application for a stay of compulsory execution with the Seoul Southern District Court 2013Kaga1210 on October 15, 2012. On May 29, 2013, the Defendant filed an application for a stay of the auction procedure with the auction court on July 2, 2013, and subsequently the voluntary auction procedure was suspended from that time.

However, the court of the first instance dismissed the defendant's claim on November 14, 2013, and the plaintiff applied for the procedure of auction to the auction court on November 20, 2013, and the procedure of auction was resumed.

On December 27, 2013, the Defendant filed an appeal (Seoul High Court 2014Na5755) against the judgment of the first instance court, and filed an application for the suspension of compulsory execution with the Seoul Southern District Court 2013Kaga2988. On December 27, 2013, the Defendant filed an application for the suspension of the auction procedure with the auction court on January 6, 2014, and again suspended the auction procedure.

However, the appellate court dismissed the defendant's appeal on December 10, 2014, and the plaintiff applied for the procedure of auction to the auction court on December 16, 2014, and the procedure of auction was resumed.

(e).