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(영문) 의정부지방법원고양지원 2015.01.08 2013가단509619

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Three multi-household houses (hereinafter “Egra”) of 18 households, which were newly built on the ground of 2,100 square meters in Pakistan-si (hereinafter “instant site”), existed in a state of non-registration, and the registration of preservation of ownership was completed as to shares of 1/3 shares in each of the names of F, G, and H (hereinafter “three persons, such as F, etc.”) on September 2, 2009.

B. On August 28, 2009, 2009, as creditors against three parties, F et al., for the Green Integrated Construction Co., Ltd. (hereinafter “Cyp Construction”), the claim amount of the instant building is KRW 960 million and completed the provisional attachment registration on September 2, 2009 by this Court as a provisional attachment order for real estate by 2009Kadan50579.

C. On July 20, 2008, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with respect to 101 Dong 201 (hereinafter “the instant leased object”) among the instant building that had not been registered under the name of the lessor G. Around August 14, 2008, Defendant B received a move-in report by delivery of the leased object. A fixed date was obtained from the instant lease agreement. Defendant C, with Defendant B’s co-resident, formed a separate household with Defendant B and occupied the leased object of this case with Defendant B, with Defendant B’s consent.

However, on July 21, 2009, the New Saemaeul Fund, the mortgagee of the instant site, filed an application for the auction of real estate rent in the lump sum with the court I on the instant site and building based on the right to collateral security, and this court rendered a decision to commence voluntary auction on July 22, 2009.

(hereinafter referred to as the “instant auction procedure”) with respect to the auction procedure following the said decision to commence voluntary auction.

On the other hand, the plaintiff received the successful bid of the leased object of this case at the auction procedure of this case and paid the successful bid price in full on August 26, 2010.

F. Subsequent to this, this Court shall pay the amount to be actually distributed on December 23, 2010, which is the date of distribution.