(영문) 창원지방법원 마산지원 2018.01.24 2017가합100420

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(영문) 창원지방법원 마산지원 2018.01.24 2017가합100420

손해배상(기)

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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. Defendant A Co., Ltd (formerly changed: B; hereinafter referred to as “D”) was awarded a successful bid on April 15, 2016 in the public sale procedure delegated by Haan-gun, the seizure authority for the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Korea Asset Management Corporation.

B. Meanwhile, on April 15, 2016, Defendant government office’s credit union (hereinafter “Defendant government office’s credit union”) concluded a mortgage contract (hereinafter “instant creation contract”) and superficies contract with D as to the instant real estate on April 15, 2016, and completed the registration of creation of superficies (hereinafter “registration of creation of superficies”) under the title of Article 7569, which was received on April 15, 2016, the Changwon District Court’s registry office for registration of creation of superficies (hereinafter “registration of creation of superficies”) with the maximum debt amount of KRW 930,00,000,000, and the debtor E (hereinafter “registration of establishment of superficies”).

C. In addition, Defendant C entered into a mortgage agreement with D on April 15, 2016 on two occasions with regard to the instant real estate (hereinafter “instant contract for the creation of a mortgage”) and concluded a mortgage agreement with D on two occasions, and with regard to the instant real estate (hereinafter “instant contract for the creation of a mortgage”). The establishment of a mortgage agreement with the Changwon District Court (hereinafter “the establishment of a mortgage”) with the maximum debt amount of KRW 500,000,000 and KRW 7571, April 15, 2016 with the Changwon District Court’s registry office for the establishment of a mortgage (hereinafter “the establishment of a mortgage of this case”) (hereinafter “the establishment of a mortgage of this case”) and completed the establishment of a mortgage of each of the instant case as the maximum debt amount of KRW 500,000,000,000 and KRW 7572, April 15, 2016, each of the instant registration was completed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 to 5, and Eul.

유사 판례

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