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(영문) 서울남부지방법원 2015.01.07 2014가단40521

손해배상

Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 20% per annum from June 12, 2014 to the day of full payment.

Reasons

1. On August 29, 2013, the defendant decided on the cause of the instant claim: (a) as to the non-party C’s “No. 1103 of Jung-gu Seoul Special Metropolitan City D apartment No. 1103, the maximum debt amount is KRW 75 million; (b) the debtor and the defendant entered into a contract to establish a mortgage right; (c) on September 2, 2013, the establishment of a mortgage right was completed under the name of the defendant (hereinafter “the instant real estate and mortgage right”); and (d) on the instant real estate, the voluntary auction procedure (Seoul Northern District Court G; hereinafter “the instant voluntary auction procedure”) was commenced on October 22, 2013; (b) on the ground that the Plaintiff and the defendant did not transfer the right to the instant real estate to the plaintiff on June 12, 2014 during the said voluntary auction procedure; (c) on the other hand, the Plaintiff and the defendant paid KRW 200,500,000,00 won to the Plaintiff.