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(영문) 서울중앙지방법원 2014.11.28 2014나43532
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 28, 2013, the Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, and Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, and Korea Deposit Insurance Corporation, filed an application for the auction of real estate on the basis of the right to collateral security established as of October 26, 2009 on each real estate listed in the separate list owned by the debtor B, and received a decision to commence the auction on March 4, 2013

B. On March 18, 2013, D leased one floor of the real estate listed in paragraph (2) of the attached Table 2 (hereinafter “instant building”) and operated a discount set after registering its business on April 3, 199 (after correcting the date of application for registration of its business on April 22, 2001), and the two floors of the instant building leased the two floors of the instant building and resided in the Republic of Korea after completing a move-in report on August 21, 1999, and applied for a report on the right to lease deposit and a demand for distribution of each of the said real estate. The period of possession of each of the said real estate stated “from October 26, 2009”.

C. The statement of the goods to be sold, prepared at the auction procedure of this case, states that D leases the first floor of the building of this case and operates the discount, and the lease term (the possession period) is stated as follows: "No. 26, 2009; the lease deposit is "50,000,000; the lease deposit is "No. 22, 2001; the date of application for the registration of business;" and the second floor of the building of this case is leased and resided therein; the lease term (the possession period) is "No. 25, 2009; 50,000,000," and the date of move-in is " August 21, 199."

On September 16, 2013, the plaintiff was subject to the highest bidder's decision to permit the sale at the above auction procedure, but did not pay the sale price after the expiration of the payment deadline.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. The court of execution has held the first floor of the instant building from April 3, 1999, and the second floor from August 21, 1999.

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