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(영문) 창원지방법원진주지원 2016.10.26 2016가합10370
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 9, 2010, the Plaintiff purchased from B the land listed in attached Table No. 1 (hereinafter “instant land”). On December 15, 2010, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name as the Plaintiff for sale and purchase as of December 15, 2010, No. 62833, Oct. 9, 2010. On June 11, 201, the Plaintiff newly constructed the building listed in attached Table No. 2 (hereinafter “instant building”) on the instant land, and completed the registration of transfer of ownership in the name of the Plaintiff on August 3, 2012 as of the instant building by adding the instant land and the instant building to “each of the instant real estate”).

B. On May 6, 2011, the Defendant lent money to C and completed the registration of creation of a mortgage on the instant land, which was received on May 6, 2011, as a collateral for the said land, with the maximum debt amount of KRW 195,00,000,000, the debtor C, and the mortgagee, and the mortgagee, as a collateral. On May 6, 2011, the Defendant leased money to the Plaintiff and completed the registration of establishment of a mortgage on the instant land (hereinafter “the instant mortgage”) with the court’s receipt of the maximum debt amount of KRW 1,30,000,000,000, the debtor, and the mortgagee and the mortgagee, as a collateral, under the Act No. 20549, May 6, 2011, including the instant building on the joint collateral between the Plaintiff and the Plaintiff on August 3, 2012, and completed the registration of establishment of a mortgage on the instant building as the court’s receipt of the maximum debt amount of KRW 300,8130.

C. As the Plaintiff began to pay the principal and interest of the instant real estate from February 7, 2012, the Defendant filed an application for voluntary auction on or around January 4, 2013, and around October 31, 2013, the payment deadline for the remainder of interest in arrears after receiving payment of the interest accrued between the Plaintiff and the Plaintiff as part of the interest accrued in arrears from the Plaintiff and the payment deadline for the request for auction shall be until May 6, 2014.

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