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(영문) 서울서부지방법원 2015.12.16 2015가합502

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff: (a) sold the said real estate in a voluntary auction procedure conducted based on Defendant B’s right to collateral security (hereinafter “instant right to collateral security”) established pursuant to Seodaemun-gu Seoul, Seodaemun-gu, D and 101, which was owned by the Plaintiff; and (b) lost the Plaintiff’s ownership; (c) the instant right to collateral security was extinguished by full repayment before Defendant B’s exercise of the right to collateral security (hereinafter “instant right to collateral security”); and (d) asserted that the instant right to collateral security was null and void due to its lapse; and (c) upon delegation from Defendant B and

On the other hand, the first instance court (court 2012Na9724) of the case where: (a) there is no evidence to acknowledge the Plaintiff’s allegation; (b) rather, in full view of the entire purport of the arguments in the statements in Eul 1-1, 1-2, and 1-3, the right to collateral security was first created by Eul 1-1, 1-2, and 1-3; and (c) the right to collateral security in this case was transferred from F to Defendant B through the first social group; (d) while E was undergoing the voluntary auction procedure based on the right to collateral security in this case, E requested cancellation of the registration of creation against the Defendant B; and (e) the appellate court (court 2012Na9724) of the case where the first contract between E and F becomes null and void due to the absence or false declaration of the secured obligation in this case; or (e) there is no evidence to acknowledge the Plaintiff’s assertion that the secured obligation in this case was extinguished due to the waiver of the right to collateral security in this case.

Thus, the plaintiff's claim is dismissed as it is without merit.