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(영문) 의정부지방법원 2016.10.19 2015가합4983

원인무효에 인한 소유권이전등기 말소등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 8, 2013, the KB Savings Bank applied for a voluntary auction on each real estate listed in the separate sheet (hereinafter “instant land”) owned by A (hereinafter “instant land”) and received a decision of voluntary auction from the executing court on February 22, 2013.

B. On May 30, 2014, when the above auction procedure (hereinafter “instant auction procedure”) was in progress, the Plaintiff purchased the instant land from A, and completed the registration of ownership transfer on the instant land on July 21, 2014.

C. On June 11, 2015, Defendant Company received a decision to permit the sale of the instant land at KRW 4.175 million, the highest purchase price of which was KRW 4.5 million ( KRW 325 million, the purchase deposit of KRW 3.85 million), as to the instant land.

However, the defendant company did not pay the remainder of the sale by July 31, 2015, which is the due date for payment.

Accordingly, on September 3, 2015, the executing court issued an order for re-sale by setting the date of re-sale as 10:30 of the same month on September 17, 2015. On September 17, 2015, the KF Savings Bank applied for the change of the date of re-sale before the date of re-sale. Accordingly, the executing court changed the date of re-sale.

E. On September 17, 2015, the Defendant Company paid KRW 3.85 billion in total and KRW 101,260,273 in interest for delay, and KRW 3,951,260,273 in total. The executing court revoked the order to re-sale on the ground that the Defendant Company, the highest purchaser, received the payment of the price, interest for delay, and procedural costs under Article 138(3) of the Civil Execution Act.

F. As to the instant land on September 7, 2015, the registration of ownership transfer was completed on September 17, 2015 by the Government Registry of the District Court in the name of the Defendant Company as the receipt No. 107321 on September 17, 2015.

G. On November 4, 2015, Defendant Company paid KRW 31,450 of the enforcement cost relating to the procedure for re-sale.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6 shall include the number, below.