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(영문) 대구지방법원서부지원 2015.01.09 2014가합4850
손해배상(기)
Text

1. The Defendant’s KRW 149,464,260 for the Plaintiff and KRW 5% per annum from October 31, 2014 to January 9, 2015.

Reasons

1. Facts of recognition;

A. The parties concerned have requested the Defendant, who had the head of the affairs of a certified judicial scrivener office, to register the real estate owned by the Plaintiff, and around 2007, the Daegu Metropolitan City Urban Development Corporation delegated the duties of receiving compensation for the land located in Daegu-gun C (hereinafter “instant land”).

B. Dividends 1 on the instant land: (a) around 1994, around the maximum debt amount of C, KRW 190,00,00 for the instant land; (b) the registration of creation of a neighboring mortgage that became the debtor, the plaintiff, the mortgagee, and the non-party D; and (c) around 2004, the above right to collateral security had been completed; (b) the defendant filed an application for an auction of the instant land with the Daegu District Court E on the basis of the above right to collateral security; (c) on November 7, 2005, the auction court prepared a distribution schedule with the content that the defendant distributes KRW 64,198,325 to the defendant on the said land; (d) on the other hand, the court of auction was rendered a favorable judgment in favor of the defendant as the Daegu District Court 2005Ra1680; and (e) on July 27, 2006, the above auction court received dividends from the defendant as KRW 64,198,32500,900.

C. On the other hand, on January 9, 2008, the Daegu Metropolitan City Urban Development Corporation deposited the Plaintiff as the principal deposit, the Defendant received the deposit amount of KRW 69,464,260 (hereinafter “instant deposit”).

1) The land and above ground buildings located in Daegu-gu, Seo-gu (hereinafter “instant H land and building”) owned by the Plaintiff

On November 25, 1993, the maximum debt amount of 120,000,000 won, the debtor, the plaintiff of the right to collateral security, the non-party I, J, and.

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