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(영문) 인천지방법원 2015.10.07 2014가단234796
매각대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2005, Defendant C completed the registration of the establishment of a mortgage on the land of this case as KRW 60,000,000 with respect to the land of this case owned by Defendant B (hereinafter “instant land”) and the registration of provisional seizure in the amount of KRW 10,202,052,00 with respect to the land of this case as claimed by the Daejeon District Court Decision 2006Kadan1468 on October 18, 2006, which was decided on the provisional seizure as the provisional seizure order of KRW 10,202,052 with respect to the land of this case on the same day.

B. Defendant C filed an application for voluntary auction with the Daejeon District Court Seosan Branch E, based on the above right to collateral security, and the above court rendered a decision to commence the auction on December 1, 2006 (hereinafter the above decision to commence the auction of the land of this case following the above decision to commence the auction (hereinafter “instant auction procedure”).

C. On December 12, 2006, the Defendant Seosan Livestock Industry Cooperatives (hereinafter “Defendant Seosan Livestock Industry Cooperatives”) which is an institution entrusted with the business of the NACF management of the Agricultural Cooperatives Federation for Farmers and Fishermen (hereinafter “Defendant Seosan Livestock Industry Cooperatives”) received a provisional attachment order by the Daejeon District Court Branch Decision 2006Kadan1741 on December 12, 2006, and completed provisional attachment registration as KRW 10,131,780 on the instant land on the same day.

In the instant auction procedure, according to the appraisal report prepared by the Telecommunication Appraisal Corporation in accordance with the order of appraisal by the auction court, the appraised value as of December 6, 2006 of the instant land is KRW 205,290,000, and the appraisal value was calculated by multiplying the total area by KRW 45,000,000,000,000, which is the appraised value of the land per square meter.

E. The auction court set 205,290,000 won, which is the assessed amount under the above appraisal, as the minimum sale price of the instant land, and conducted the first auction date, but failed twice, and the minimum sale price was reduced at each time of the failure.

On May 7, 2007, the Plaintiff submitted a bid of KRW 130,600,000 on the third sale date and became the highest bidder, and on May 14, 2007, the Plaintiff became the highest bidder.

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