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1. The independent party intervenor's appeal is dismissed;
2. The costs of appeal shall be borne by the intervenor of the independent party.
Reasons
1. Basic facts
A. On April 7, 2010, the Plaintiff filed an application for compulsory auction by the Defendant and the decision of permission for sale against the Intervenor (hereinafter “instant building”) with the Defendant as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”).
(2) The Plaintiff and the Defendant have concluded a lease agreement under which part of the lease agreement is to be leased to the Defendant, but did not deliver the leased object to the Defendant within the agreed period, and the Defendant filed a lawsuit claiming the return of the down payment and the intermediate payment that had already been paid against the Plaintiff on September 15, 2010 (Seoul District Court 2010Gahap10216). (2) The conciliation was concluded between the Plaintiff and the Defendant on November 25, 2010, and the conciliation was concluded between the Plaintiff and the Defendant on April 25, 2011, and the Plaintiff shall be paid KRW 1.462.5 million to the Defendant on April 25, 201, but if the Plaintiff delays the payment, it shall be paid in addition to the damages for delay calculated at the rate of 20% per annum from April 26, 2011 to the day of full payment (hereinafter “instant conciliation protocol”).
3) On April 25, 201, the Plaintiff paid to the Defendant a sum of KRW 462.5 million and KRW 11.5 million, including the costs of lawsuit, as part of the principal and interest obligation under the instant protocol, to the Defendant on April 25, 201, but did not pay the remainder of KRW 1 billion.4) Accordingly, on October 26, 2011, the Defendant applied for a compulsory auction for the instant building with the claimed amount of KRW 1 billion (Government District Court D), and on October 28, 2011, the said court accepted the said application and decided to commence an auction for the instant building on October 28, 201, and thereafter thereafter, the auction procedure was initiated for the instant building.
(5) An independent party intervenor (hereinafter referred to as “participating”)
On January 8, 2014, the court rendered a peremptory bid at the auction date of the instant compulsory auction procedure (the bid price of KRW 1,472,576,00, and the auction court on January 15, 2014 decided to permit the sale to the intervenor.
B. The compulsory auction of this case is conducted.