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1. All of the litigation of this case and the litigation of revocation of the decision to commence voluntary auction shall be dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. On March 30, 2009, the Plaintiff filed a lawsuit seeking payment of KRW 31,00,000,000, which was recovered from KRW 35,000,000, out of the amount of promissory notes issued and endorsed by Defendant D and C, against Defendant D, and Defendant D (Seoul District Court Decision 2009Da36261, May 2, 200) (i) at the time of the lawsuit, Defendant D loaned KRW 10,000,00, out of the amount of discount to Defendant D and endorsed at the same time, and endorsed it on the bill at the same time, and (ii) Defendant D did not have a duty to pay the amount of the promissory notes, etc., since C had not been obligated to pay the amount.
3) On October 12, 2009, Busan District Court rejected Defendant D’s assertion, and sentenced Defendant D, “Defendant D, B, and C shall jointly pay to the Plaintiff KRW 31,00,000 and delay damages therefor,” and the original judgment was delivered to Defendant D on October 21, 2009 but the judgment became final and conclusive on December 12, 2009 due to Defendant D’s failure to file an appeal. (B) Defendant D’s decision, etc. on June 19, 2008, for the purpose of securing the discount of the bill of exchange on June 19, 200, with respect to housing with KRW 42,00,000,000 and above-ground two houses (hereinafter “instant real estate”), which were owned by Defendant D with the intent of securing the discount of the bill of exchange on June 19, 200. The establishment of the maximum amount of debt as to the housing (hereinafter “instant real property”).
2) On November 17, 2011, Defendant H concluded a sales contract with Defendant D on real estate and completed the registration of ownership transfer in Defendant H.) on July 2, 2015, the Plaintiff filed an application for a voluntary auction of real estate based on the right to collateral security (C) on July 2, 2015, and on July 3, 2015, the registration of the entry of the decision on voluntary auction of real estate was completed on the same day according to the decision on voluntary auction rendered by Busan District Court.
4 Real estate shall be notified at the auction procedure on May 30, 2016.