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(영문) 창원지방법원 진주지원 2017.02.28 2016가단32830
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 48,410,990 and the interest rate thereon from June 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. As to the real estate auction procedure and the Plaintiff’s acquisitionD of ownership, and the real estate indicated “the indication of real estate” as indicated in the attached Form E (hereinafter “instant auction real estate”), the decision of voluntary auction was rendered on February 16, 2012 at the request of the North Korean Agricultural Cooperatives, the mortgagee, and the decision of voluntary auction was completed on February 16, 2012 at the request of the Changwon District Court was completed. The entry registration was completed on February 16, 2012.

In addition, on April 6, 2012, upon the application of Defendant Dongdong Construction Co., Ltd. (hereinafter “Defendant Dongdong Construction”), Defendant Dongdong Construction Co., Ltd. (hereinafter “Defendant Dongdong Construction”), a voluntary decision to commence the auction was issued to G of the above court. The written decision was completed on April 6, 2012 on the commission.

The Plaintiff purchased the instant auction real estate in the said court F, G, and H auction procedure (hereinafter “instant auction procedure”) and completed the registration of ownership transfer on July 3, 2014.

B. On May 24, 2014, the Defendants’ possession of the instant auction real estate by the Defendants installed a traffic obstruction object, such as steel containers, on the part ① inside the ship connecting each point of the road listed in attached Table 31 among the instant auction real estate (hereinafter “instant road”), among the roads listed in attached Table 31 among the instant auction real estate (hereinafter “instant auction real estate”), and obstructed the Plaintiff and the Plaintiff’s family members from having access to the instant auction real estate.

C. The Plaintiff filed a lawsuit against the Defendants regarding the delivery of the instant auction real estate against Defendant Dongdong Construction and the removal of the instant steel container, etc., and Defendant Dongdong Construction filed a lawsuit against the Plaintiff for the confirmation of existence of a lien against D as the secured claim against each of the real estate listed in paragraphs 1 through 5, 8 through 16, and 18 through 32 of the instant auction real estate due to a counterclaim against this, and the appellate court [Supplementary High Court, 2015Na20783, 2015Na20790 (Counterclaim)] of the said lawsuit.

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