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(영문) 청주지방법원영동지원 2013.12.04 2013가합276
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. With respect to the building on the ground (101, 102, 201, 202, 301, 302, 401, 401, and 402 of the above 8 units of the building on the ground (hereinafter the above 2 units of the land together with the above 101, 102, 201, 202, 202, 302, 301, and 402; hereinafter the above 8 units of the building "the building of this case"; hereinafter the combination of the land and the building of this case was referred to as "the building of this case") on the registration of provisional injunction 204Kahap1490, Busan District Court on December 16, 2004 and on March 2, 2006, the registration of preservation of ownership was completed under D's name on the registration of provisional injunction 204.

B. On May 26, 2006, the Korea Finance Corporation shall apply for voluntary auction [the Busan District Court (hereinafter “Execution Court”)] with respect to the real estate in this case.

(E) On June 21, 2006, the decision to commence voluntary auction was rendered.

C. On May 12, 2004, the Plaintiff completed the provisional registration of ownership transfer (hereinafter “the provisional registration of this case”) under the Busan District Court’s Busan District Court’s Busan District Office No. 18424, May 13, 2004 on the instant land due to the pre-sale agreement. Based on the above provisional registration, on September 7, 2006, the Plaintiff submitted to the executing court a request for distribution of the claimed amount of KRW 420,000,000 and a claim statement.

Meanwhile, the Plaintiff filed a lawsuit against D for the registration of ownership transfer against D, Seoul Southern District Court 2009Kadan90416. On February 5, 2010, the conciliation was concluded that D, while the said lawsuit was pending, to implement the procedures for the registration of ownership transfer on the ground of payment in kind on July 26, 2005, with respect to subparagraph 101, 102, 201, 202, 202, 301, and 401 of the instant building, and the registration of ownership transfer was completed in the Plaintiff’s name on February 18, 2010.

E. On March 10, 2011, the executing court shall order the re-auction and sale of the instant real estate, and the same year.

5.9. The decision to permit sale to F is made by F, and F is for the same year.

6. 9. The sale price of the real estate of this case is paid in full and on the same day.

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