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(영문) 서울중앙지방법원 2015.03.12 2014가단5285545
손해배상(기)
Text

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

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The entrance was marked with 103 square meters, No. 101, No. 101, 23.15 square meters of the Seoul Gwangjin-gu Seoul Special Metropolitan City, (hereinafter “No. 101 on the instant registry”) and the entrance was marked with C No. 103, No. 103. 33.28 square meters of the first floor (hereinafter “No. 103 on the instant registry”) as 101.

B. On the registry of this case, the procedure for compulsory auction was conducted as Seoul East Eastern District Court D with respect to 103, and E sold this and paid the price and acquired ownership on November 2, 2007.

However, while appraising the market price of the auction object, F, an appraiser of the above auction procedure, specified its location as 101 on the registry of this case according to the entrance display, and E occupied 101 on the registry of this case from the time of acquiring the above ownership.

다. 이 사건 등기부상 101호에 대하여는 서울동부지방법원 G로 강제겅매절차가 진행되었고, 원고가 이를 매각받아 2009. 2. 18. 그 대금을 납부하고 소유권을 취득하였다

(hereinafter “instant auction procedure.” However, Defendant B, an appraiser for the said compulsory auction procedure, also identified its location as 103 on the registry of this case according to the entrance display while appraising the market price of the subject matter of auction, and the Plaintiff occupied No. 103 on the registry of this case following the acquisition of ownership.

On March 18, 2011, the Plaintiff sold 101 billion won on the instant registry to H, and completed the registration of ownership transfer on April 22, 201. At that time, the Plaintiff delivered 103 units on the instant registry.

E. However, in the public sale procedure commenced with respect to subparagraph 103 on the registry of this case, appraiser I specified its location on the registry of this case as 103 while appraising the market price of the subject matter of public sale, and stated that H indicated its location as '101 on the entrance and exit differently from the entry on the registry of this case.' On the registry of this case from the lessee of E residing in No. 101 on the registry of this case.

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