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(영문) 대전지방법원 2016.05.24 2014가단224360
손해배상(기)
Text

1. The Defendant’s KRW 82,326,880 as well as the Plaintiff’s annual rate from October 22, 2014 to May 24, 2016, and the following.

Reasons

1. Basic facts

A. B completed the registration of ownership preservation on October 10, 2012 with respect to the instant building Nos. 102, 302, 102, and 302 (hereinafter “instant real property”). D completed the registration of ownership transfer claim as to the instant real property on October 12, 2012.

At that time, the establishment registration of the instant real estate was completed by the debtor B, the maximum debt amount of KRW 10,800,000 with respect to the instant real estate as the debtor B, the maximum debt amount of KRW 10,80,000, and the agricultural cooperative taking measures against collateral security (hereinafter “CF”) (hereinafter “the establishment registration of the establishment of the instant neighboring real estate”).

B. On March 8, 2013, the Plaintiff received transfer of D’s right to transfer ownership on the instant real estate, and completed a provisional registration prior to the right to claim ownership transfer on March 11, 2013. Based on the foregoing provisional registration, the Plaintiff completed the registration of ownership transfer on April 15, 2013 on the ground of sale on April 8, 2013.

C. On May 3, 2013, the competent registry officer affiliated with the Defendant issued an additional registration to rectify the maximum debt amount of KRW 108,000 to KRW 108,000 on the ground of erroneous discovery, but revoked the said additional registration on the ground of erroneous discovery on January 23, 2014, and reinstates the registration of KRW 10,80,000 to the maximum debt amount.

On January 24, 2014, the registrar registered the extension of the maximum debt amount to KRW 108,000,000 on the registration of the establishment of the mortgage of this case on the ground of the discovery of an error in the Dao-si.

On September 1, 2014, Agricultural Cooperative Co., Ltd. received a voluntary decision to commence auction from this Court E with respect to the instant real estate.

In the above auction procedure on May 7, 2015, at KRW 93,231,790, 104,910, excluding KRW 2,123,600, and interest on the sale price of KRW 95,320,00, and KRW 35,390, the court set up a distribution schedule that distributes the remaining amount to the FFFF, who is the mortgagee, to the FFF, the amount of KRW 93,126,880, out of KRW 93,231,790.

[Based on recognition] The items of evidence Nos. 1, 16-1, 2, and 13, and the purport of the whole pleadings.

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