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(영문) 서울중앙지방법원 2017.04.26 2016가합26261
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B’s process of auction is as follows: (a) 18,182/26,083 shares of C forest land 20,926m2, D forest land 5,157m2; and (b) 18,182/26,083m2, each of the instant forest land

The owner of the shares is the Suwon District Court F on January 24, 2008 upon the application of the mortgagee E, and on March 14, 2008, upon the application of the mortgagee G, the Suwon District Court H on March 14, 2008 (hereinafter “instant voluntary auction”).

(2) On the other hand, B, around May 12, 2009, issued to the Plaintiff a promissory note amounting to KRW 630,000 (hereinafter “instant promissory note”) on January 20, 209, and around May 20, 2009, written and issued a notarial deed with respect to the instant Promissory Notes to the Plaintiff on May 20, 209.

3) On October 5, 2009, the Plaintiff: (a) based on the authentic copy of the Promissory Notes, the Seoul Eastern District Court issued an order of seizure or assignment of the claim regarding the dividend payment claim equivalent to B’s above claim amount; (b) around that time, the said assignment order was served to the Republic of Korea that is a third obligor; and (c) on October 23, 2009, the forest land of this case was sold on September 28, 2009, the owner of B0, B01,834,8261 ranked on October 21, 209 to the non-party 21, B09, B09, and the Suwon District Court order order of 1,601,60,605, 306, 305, 306, 405, 196, 205, 196, 205, 206, 305, 206, 2545, 165.

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