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(영문) 서울중앙지방법원 2018.03.30 2017가합538600
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On the land B and 21 parcels of land (hereinafter “each of the instant lands”), the auction procedure was commenced at Seosan Branch C, D, E, and F of the Daejeon District Court.

(hereinafter referred to as “instant auction procedure”. B.

On May 14, 2012, the fourth bidding date of the instant auction procedure, the Plaintiff remitted KRW 254,300,000 to the account of G, one of the nominal holders of the application for purchase. G paid the said money as a deposit for the application for purchase of the instant auction procedure.

C. H and five other persons (I, J, G, K, L, and other five persons (hereinafter “H et al.”) bid the desired purchase price at KRW 3,420,00,000 in the instant auction procedure. On May 21, 2012, the highest price was determined as the purchaser.

H Non-five persons were unable to collect the deposit of KRW 254,301,000 as the deposit for purchase was not paid for the remainder from the auction procedure of this case until the payment date.

E. During the re-auction procedure of the instant auction procedure conducted thereafter, the Defendants jointly received a successful bid of each of the instant land on September 7, 2012, and as a mortgagee, received dividends from the distributable source containing the deposit amount of 254,301,000 won for the said purchase.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 6, 7, and 8, the purport of the whole pleadings

2. The plaintiff's assertion

A. M and N entered into a construction contract with the owner of each land in Jinjin-si, P, B, Q, R, and S on the said land, but did not receive approximately KRW 1 billion construction cost.

The Plaintiff agreed to jointly award each of the instant lands between M and N, and the Plaintiff agreed to invest bid bond and access road purchase cost.

B. The Defendants intended to jointly comply with each of the instant land, present an agreement concluded between the Defendants, and borrowed 90% of the remainder of the sales price when the Plaintiff et al. received a successful bid for each of the instant land.

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