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(영문) 서울중앙지방법원 2019.01.14 2018가단5031258
손해배상(기)
Text

1. The Defendant’s KRW 67,344,818 as well as the Plaintiff’s 6% per annum from November 21, 2017 to January 14, 2019, and the following.

Reasons

1. Basic facts

A. On July 2014, the Plaintiff requested the Defendant to appraise the Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant real estate”).

The Defendant determined that the area of the instant real estate is 803 square meters as indicated in the real estate registry and the forest land register, and assessed the appraised value of the instant real estate as KRW 1,854,930,000 with the unit price of KRW 2,310,00,000, and submitted to the Plaintiff an appraisal report stating the foregoing content on August 4, 2014.

B. Based on the above appraisal report, the Plaintiff evaluated the security value of the instant real estate as KRW 1,12,958,000 (i.e., KRW 1,854,930,000 x 0.6) by applying 60% of the security recognition ratio according to the Plaintiff’s internal standards (i.e., KRW 1,854,930,000) based on the Plaintiff’s appraisal report, and loans KRW 1,00,000,000 to C on August 7, 2014 with respect to the instant real estate and the instant joint-mortgage-mortgage-backed real estate as security (hereinafter “instant loans”). On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 1,20,000,000 with respect to the instant real estate

However, the plaintiff did not conduct an appraisal of the real estate of this case separately, and it seems that the plaintiff provided a loan by deeming that there is no separate collateral value.

A. (Evidence 16. C.)

Meanwhile, in the forest land register of this case, the phrase “land subject to revision of registered matters” was written, and on September 1, 2014, the area of the instant real estate was changed to 461 square meters.

C In default of the repayment of the instant loan, the Plaintiff filed an application for voluntary auction on September 6, 2016 for the instant real estate and the instant joint collateral (Seoul Central District Court D).

In the above auction procedure, the area of the instant real estate was 461 square meters, the appraisal value was 1,442,930,000 won, and the appraisal value of the instant joint collateral real estate was 43,680,000 won.

The real estate of this case and this case were assessed.

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