(영문) 울산지방법원 2014.04.22 2014가단672

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(영문) 울산지방법원 2014.04.22 2014가단672

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) under the receipt of No. 36795 on April 18, 2013, in the Ulsan District Court DD’s auction procedure for real estate claim (hereinafter “instant auction procedure”), where the highest price was decided to permit the sale of real estate as a purchaser, and paid the sale price on April 11, 2013.

B. On April 10, 2013, the Plaintiff deposited KRW 20,035,00, which is the secured debt amount of the instant auction procedure, and filed a lawsuit for cancellation of the right to collateral security (2013da1059) with the Ulsan District Court and filed an application for suspension of compulsory execution (2013da344).

The Ulsan District Court decided on April 12, 2013 to suspend compulsory execution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The plaintiff did not know that the auction procedure of this case, which had been in suspension of execution, had been resumed, and the plaintiff deposited the secured debt amount of the right to collateral security before the defendant paid the successful bid price, and the defendant paid the successful bid price prior to the delivery of the notice of the successful bid price although he knew that the plaintiff deposited the successful bid price. The plaintiff asserts that the transfer

On the other hand, the buyer shall pay the sale price within the time limit set by the court after the decision of permission for sale became final and conclusive, and the buyer shall acquire the right to sell at the time of the payment of the sale price. According to the facts acknowledged earlier, the defendant paid the sale price prior to the decision of suspension of compulsory execution concerning the auction procedure of this case, and acquired the ownership of the

Moreover, the circumstances asserted by the Plaintiff cannot be seen as procedural defects in the instant auction procedure.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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