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(영문) 서울중앙지방법원 2018.08.28 2017가단5225872

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 90,948,00 and the interest rate of KRW 15% per annum from March 28, 2018 to the date of full payment.

Reasons

1. Judgment on the main claim

A. The plaintiff was found to have been owned by the defendant B

1. On August 24, 2017, the Busan District Court offered a bid for each real estate as the highest purchase price on August 24, 2017, and acquired the ownership of each real estate on September 27, 2017, after receiving the decision to permit the sale on August 31, 2017.

2) The object of the auction related auction was a factory foundation, but Articles 6(1) and 6(a) of the Act on Mortgage on Factories and Mining Foundations (1) In order to apply for the registration of establishment of a mortgage on the land or building belonging to a factory, a list of the objects of mortgage should be submitted, among the machinery, apparatus, and other public objects of the land or building installed in the building and others of the factory in accordance with Articles 3

the list in accordance with the list shall be in attached Form.

2. Five (5), such as the description, included five (9), and the sum of the appraised value is KRW 90,948,000.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including additional number), the purport of the whole pleadings

B. Determination 1) The Plaintiff: (a) the Plaintiff was established or attached to the instant tea for the purpose of promoting the utility or value of the real estate owned by Defendant B; (b) was included in the subject matter of auction in the relevant auction case; and (c) acquired the Plaintiff’s ownership by means of payment of purchase price; (b) the Defendants asserted that the instant tea was illegally released; (c) in full view of the purport of the entire pleadings, the Defendant B (F) filed a claim for damages for tort against the Defendants; (d) in light of the overall purport of the pleadings in the statement in the evidence Nos. 1 and 3, the Plaintiff filed a claim for damages for tort against the Defendants; (e) on September 9, 2013, Defendant D (including value-added tax) supplied KRW 128,700,000 (including value-added tax) with the instant tea supplied from Defendant D (mutual name: G); and (e) installed in the factory,