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(영문) 서울고등법원 2014.04.24 2013나2011704

손해배상

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The facts following the facts do not conflict between the parties, or may be found as a whole with the testimony of witnesses D of the first instance trial and witnesses of the first instance trial in each part of the statements in Gap evidence Nos. 2, 3, and 9 (including the number; hereinafter the same shall apply) and Eul evidence Nos. 1 to 9, unless otherwise specified.

D The right to collateral security of 1.3 billion won against the Cheongcheon-gun, Jincheon-gun, and 16 parcels, 21,323 square meters (hereinafter “the instant real property”), the Plaintiff’s right to collateral security of 1.3 billion won against the Cheongju Credit Union, and 2.6 billion won against the Cheongju Credit Union, the second priority against the maximum debt amount, and the third priority against the 3rd priority against the maximum debt amount.

B. On July 5, 2011, the third sale date, 201, the Plaintiff’s husband K submitted a bid in the name of the Plaintiff for KRW 1.56 billion to recover the Plaintiff’s claim even if the Plaintiff’s claim was collected.

F has demanded K to make a bid for the amount of KRW 1.82 billion which he/she has called to bid for KRW 1.82 billion.

However, the bid price submitted by F is KRW 1.38,00,000, and the amount of security deposit is KRW 1.477 billion, which is regarded as invalid due to the lack of the minimum price.

C. Ultimately, at the instant auction procedure, J, representing H and I, bid at KRW 1.3775 million, and as the highest price purchaser, the instant real estate was awarded a successful bid on July 12, 201 with the said court’s decision to permit sale (hereinafter “instant decision to permit sale”).

In the above auction procedure, the first mortgagee was paid 1.3 billion won, and the plaintiff was paid 132,614,469 won, respectively.

On the other hand, F died on January 16, 2012. Defendant B, his wife, Defendant C, and their other children were co-inheritors. The remaining co-inheritors except the Defendants were Seoul Family Court on May 11, 2012.