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(영문) 서울중앙지방법원 2010.11.30 2010가합56116

손해배상 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1-7, evidence 1-2, evidence 8-1, evidence 11, evidence 12-3, evidence 4, 5, 6, 8, 14, and evidence 14-1, and evidence 14-2.

The process of the auction case and the acquisition of bonds (1) Non-party 2, U.S. Construction Co., Ltd. (hereinafter referred to as “non-party 2”) newly constructed a “F apartment house” (hereinafter referred to as “the instant house”) on the ground of D forest land 49,587 square meters and E 688 square meters (hereinafter referred to as “the instant land”).

(2) As to the instant land, a citizen bank, holding a first priority mortgage of KRW 2,196,50,000 for the maximum debt amount, voluntarily filed an application for auction with the Government District Court on September 4, 2002 for the instant land. A voluntary decision to commence auction was rendered on February 18, 2003 with respect to the instant land, and a decision to commence voluntary auction was rendered with the Government District Court H on February 18, 2003, and was consolidated into the instant G case.

(3) Of the creditors against the non-party company, a person who demanded a distribution by December 16, 202, which is the date on which the period to demand a distribution in the auction of real estate G real estate auction case in relation to the land of this case has been the same as that of the company, and the person who demanded a distribution by June 17, 2003, which is the date on which the period to demand a distribution in the auction of real estate of this case has been the Jung-gu District Court in relation to the housing of this case, and the person who demanded a distribution by June 17, 2003, which is the date on which the period to demand a distribution in the auction of the H real estate of this case has been the same as

(C) On October 5, 2007, Defendant C received the entire dividend claim on the auction of this case from Defendant C on October 5, 2007, and Defendant C received the entire amount of the dividend claim from Defendant C on the auction of this case, and the head of the system construction company was the owner of a provisional attachment in the case of G real estate auction of the G real estate of Jung Government District Court.