손해배상(기)
1. The Plaintiff within the scope of the property inherited from the deceased J, Defendant B shall be KRW 32,400,000, and Defendant C shall be 21,600.
1. Facts of recognition;
A. On May 3, 2007, Nonparty GJ set the lease deposit amount of KRW 92,00,000,000 from May 3, 2007 to May 24, 2009, and leased the instant building (hereinafter “instant building”) to the Plaintiff.
B. As the above J died on September 7, 2010, Defendant C, his spouse, and Defendant C, the Defendant C, was jointly inherited the property of J. Defendant B and C. Defendant B and C applied for approval of limited inheritance under the Daegu District Court racing-Support 2010-Ma233, and the said court accepted the said application on February 24, 201.
C. On November 23, 2010, the Plaintiff paid to the National Agricultural Cooperative Federation the amount of KRW 54,000,000 with interest on loans from the deceased J on March 30, 2004, on behalf of the National Agricultural Cooperative Federation, and was transferred by the National Agricultural Cooperative Federation the right to collateral security, which was closed by the National Agricultural Cooperative Federation.
① On October 6, 2011, Seoul Guarantee Insurance Co., Ltd. applied for a compulsory auction on the instant building for Daegu District Court racing support L. On October 7, 201, the above execution court rendered a decision to commence compulsory auction on the instant building on October 7, 201, and on the same day, the registration of the decision to commence compulsory auction was completed.
② The Plaintiff, the mortgagee of the right to collateral security, received a peremptory notice from the said executing court on October 11, 201, stating that “the existence of a claim, its cause, and details of the amount, shall be reported not later than December 30, 201, which is the final period for demanding the distribution.”
③ The Plaintiff appeared on the date of sale conducted on April 2, 2012 by the executing court and subscribed to KRW 145,001,000 (the Plaintiff paid KRW 14,500,000 as a security deposit) for the bid price for the instant building at KRW 145,00,000, and received a decision of permission for sale from the executing court on April 9, 2012.
④ As the Plaintiff failed to pay the sale price by May 10, 2012, the payment deadline, the execution court ordered re-sale of the instant building on May 11, 2012.
E. ① The Plaintiff is the Daegu District Court on December 26, 201, based on the right to collateral security on the instant building transferred by the National Agricultural Cooperative Federation.