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(영문) 의정부지방법원 2021.01.14 2020가단107834
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 4, 2019, the Plaintiff entered into a sales contract with Defendant C to sell 400 square meters in KRW 380,000 among the respective land of this case (hereinafter “D”) owned by the Plaintiff at KRW 1,688 square meters and KRW 112,000,000,000 (hereinafter “instant sales contract”). The Plaintiff received KRW 30,000,000 from D for down payment.

B. On March 4, 2019, the registration of the establishment of the right to collateral security (hereinafter “the registration of the right to collateral security”) of KRW 135 million with respect to each of the instant land was completed on March 4, 2019, and the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) of KRW 135 million with respect to each of the instant land was completed on April 10, 2019, and the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) of KRW 180 million with respect to each of the instant land was completed on April 10, 2019, and the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”).

(c)

On the other hand, on September 6, 2019, H applied for a voluntary auction of real estate on each of the instant lands based on the registration of the establishment of the 2-mortgage, and the auction procedure was conducted. On the other hand, the Plaintiff paid KRW 24,246,403, and KRW 121,59,187, respectively, to H on January 16, 2020 for the repayment of the secured debt under the registration of the 2-mortgage creation.

[Reasons for Recognition] The purport of the whole of the statements and arguments in the absence of dispute or in Gap evidence of Nos. 1 through 4 (including various numbers for the case with a number)

2. The plaintiff's judgment on the plaintiff's claim is that it is necessary for the authorization and permission of each land of this case at the time of the contract of this case in collusion with D, and completed the registration of the establishment of the right to collateral security of this case at will by using a certificate of personal seal certificate, etc. issued by the plaintiff, and subsequently, the plaintiff, who became aware of it, voluntarily, completed the registration of the establishment of the right to collateral security of this case at will and completed the registration of the establishment of the right to collateral security of this case at H 120 million won.

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