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(영문) 서울중앙지방법원 2014.10.16 2014가단57202

손해배상 등

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. B owned C Apartment No. 527, 1003, Songpa-gu Seoul Metropolitan Government (hereinafter “instant real estate”), but around March 2010, the Plaintiff entered into a real estate security trust agreement with Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Co., Ltd”) by designating the Plaintiff as the first priority beneficiary and entrusted the instant real estate.

In the event of the Plaintiff’s violation of the credit transaction agreement entered into between the Plaintiff and B in the above trust agreement, the Defendant Company could dispose of the instant real estate at the request of the Plaintiff, and the method of disposal was in principle disposed of through competition in the open market, but at the time of an inspection, the contract was concluded under the conditions immediately before the date of disposal

On March 9, 2010, Defendant Company completed the registration of ownership transfer based on trust with respect to the instant real estate.

B. The Plaintiff, upon delinquency in the repayment of the obligation, lost the benefit of time and requested the Defendant Company to sell the instant real estate by public auction.

C. On June 11, 2013, the Defendant Company determined the first public sale price of the instant real estate as KRW 1,875,00,000 (excluding value-added tax) and conducted the public sale from June 11, 2013, the Defendant Company failed to conduct the public sale on July 2, 2013, 14 (the public sale of KRW 962,526,00, value-added tax amounting to KRW 24,063,40), and 15th (the public sale of KRW 914,401,00, value-added tax amounting to KRW 22,860,30,30).

Defendant A, an individual of real estate, asked the Plaintiff for whether a negotiated contract can be concluded at the 15th public auction on the instant real estate, and the Plaintiff’s side stated that it is possible to sell the instant real estate to Defendant A by means of a private contract if the amount of KRW 990,00,000 (excluding value added tax) is exceeded.

Plaintiff

The Defendant Company notified the Defendant Company of the disposal of the instant real estate in KRW 990,000,000 under a negotiated contract.

E. Defendant Company: (a) on July 19, 2013, the instant real estate to D as a broker by Defendant A.