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(영문) 서울북부지방법원 2017.08.31 2017가합20689
손해배상 청구의 소
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) On July 6, 2009, the Plaintiff entered into an exchange contract between the Plaintiff and the Defendant. On July 6, 2009, the Plaintiff and the Defendant: (a) Nos. 201, 202, and 203 (a total of 110.03 square meters in size; hereinafter collectively referred to as “the Plaintiff’s building”).

(2) The Defendant’s building in this case, including the Defendant’s building and land and its ground (hereinafter collectively referred to as “instant building”) owned by the Defendant.

(2) The term “instant exchange contract” (hereinafter referred to as “instant exchange contract”)

In concluding the instant exchange contract, the Plaintiff agreed to acquire collateral obligations (the maximum bond amount of KRW 588,00,000,000, and principal principal of secured debt) of the Mutual Security Association E, a mortgagee-mortgage-based creditor livestock industry cooperative established in the instant Defendant building. (2) On August 5, 2009, the Defendant received the instant Plaintiff’s building in accordance with the instant exchange contract, and completed the registration of ownership transfer under the name of the Defendant as to the said building.

On the other hand, the Plaintiff started to occupy the Defendant’s building by being handed over from the Defendant, but thereafter, the Defendant continued to hold the registration title of the above building.

B. The Plaintiff and the Defendant did not repay the secured obligation of KRW 420,000,00 which the Plaintiff agreed to accept under the instant exchange contract and did not pay the interest. Accordingly, the Defendant paid interest of KRW 13,435,406 on behalf of the Defendant from October 2009 to March 2010. Nevertheless, the Plaintiff continued to delay the payment of interest of KRW 6,848,298 from April 2010 to June 4, 2010. As the Plaintiff applied for voluntary auction of the Defendant’s building as the mortgagee of the instant case’s collective security interest, both Jeju and Jeju Livestock Industry Cooperatives, around June 201, 2010. Accordingly, the Plaintiff voluntarily rendered a decision to commence the auction of the instant building on June 111, 2010 to the Plaintiff and the Defendant acquired the instant building as above.

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