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(영문) 대전지방법원 2017.10.20 2016가단204766

손해배상(기)

Text

1. Defendant A, B, D, and E jointly and severally with the Plaintiff the amount of KRW 50 million and the interest rate from March 24, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Based on Defendant A, Defendant B’s wife, Defendant C’s children, and Defendant D’s birth.

B. On August 18, 2010, F Co., Ltd. (hereinafter “F”) was attached to F-owned land between Ansan Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) and the Korea National Savings Bank (hereinafter “Korea National Savings Bank”).

1. After concluding a contract to establish a mortgage with respect to each real estate recorded in the list (hereinafter “instant land”), the establishment of a mortgage on the instant land was completed with respect to the instant land as KRW 1,710,000,000 with the maximum debt amount, and the debtor G and the National Savings Bank with the mortgagee G and the National Savings Bank with respect

C. On August 2, 2011, H Co., Ltd. (hereinafter “H”) entered into a contract with G, the completion date of which is KRW 1,432,200,000 (excluding value-added tax) regarding the new construction of a multi-family house on the instant land, with I, affiliated with F, on December 30, 201; and entered into a contract with G, the representative director of F, on October 2, 2011, for which the contract date is the same as that of the said contract.

On June 1, 2012, the Ansan Savings Bank filed an application for the auction of the real estate with the Suwon District Court J on the land of this case based on the above collateral security, and received a decision to commence a voluntary auction from the above court on June 1, 2012, and completed the registration of the entry of the decision to commence a voluntary auction on the same day.

H Newly constructed on the land of this case

2. On October 9, 2012, each of the real estate listed in the list (hereinafter “instant building”; the combination of the instant land and the instant building with the “instant real estate”) filed a request for a blanket auction, and the auction procedure commenced upon receipt of a decision to commence voluntary auction from the aforementioned court on October 9, 2012 (hereinafter “instant auction procedure”), and on October 11, 2012, the registration of the entry of the decision to commence voluntary auction in the instant building was completed.

It does not exceed the sum of the auction registration and entry registration of the instant land.