beta
(영문) 서울고등법원 2017.09.28 2017나2006663

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal and the costs of participation shall be borne respectively;

Reasons

1. Basic facts

A. The Defendant entered into a real estate trust agreement between the Defendant and I on November 9, 2012, with respect to the real estate security trust agreement (hereinafter “instant trust agreement”) with respect to the land A, Seongdong-gu Seoul, Seoul, the 60 square meters of a gas station site, the 314 square meters of a gas station site, the 73 square meters of a gas station site, the 470 square meters of a D gas station site, and the 2nd floor thereof (314 square meters of a gas station site B, the 73 square meters of a gas station site, the 470 square meters of a D gas station site was combined with the 60 square meters of a gas station site A, and the 917 square meters of a D gas station site was combined with the 60 square meters of a land A, and completed the registration of ownership transfer for the instant land on the same day.

B. 1) The Defendant concluded a real estate sales contract with the Plaintiff and the Defendant on April 30, 2014 (hereinafter “instant bidding”).

(1) The public auction notification of this case shall be given from May 7, 2014 to May 12, 2014 (hereinafter “instant public auction notification”).

The notice was posted on the electronic asset disposal system (www.on.co.kr) managed and operated by the Defendant. The contents related to this case in the instant notice of public auction are as listed below. 6. ownership transfer 1) The Defendant bears only the responsibility for the transfer of ownership on the register following the sale of the real estate list, and all restrictions on the public auction goods as of the bidding date shall be arranged as the buyer.

5) The buyer accepts the present condition of the auction property, and the organization of the existing stakeholders are responsible for the buyer.7.1) The buyer grasps in advance the present status of the auction property and the matters of regulation of the public law and so on.

2) The buyer bears all legal and factual limitations and legal relationships such as taxes, public charges and management expenses, delivery and surrender of the subject matter of the public auction, restrictions (such as collateral security, provisional seizure, provisional disposition and superficies and lien), and we are not responsible.