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(영문) 서울중앙지방법원 2019.05.21 2018나29466
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The fact of recognition is that Defendant C’s spouse, Defendant D is the owner of the F apartment G of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”), and Defendant E is the spouse of the aforementioned D.

around March 2012, Defendant C leased the instant apartment from Defendant D with the term of KRW 160,00,000, and the term from April 20, 2012 to April 20, 2014. On the same day, Defendant B, C, and their children completed each move-in report.

On April 7, 2014, Defendant D entered into a mortgage agreement with H Co., Ltd. with the maximum debt amount of KRW 55,200,00 with respect to the instant apartment, and completed the establishment registration of a neighboring apartment as the Seoul Central District Court No. 81863, Apr. 8, 2014 with respect to the said apartment. On January 27, 2015, Defendant D entered into a mortgage agreement with the Korea Credit Guarantee Fund with the same apartment as KRW 77,520,00 with a view to securing the debtor’s obligation to Defendant E, and completed the establishment registration of a neighboring apartment as the Seoul Central District Court No. 19323, Jan. 28, 2015.

After May 18, 2016, the Seoul Central District Court I issued a voluntary decision to commence auction on the apartment of this case to the Seoul Central District Court I on the application of the Credit Guarantee Fund.

(hereinafter “instant auction”). At the instant auction, the enforcement officer conducted a survey on the current status of the instant apartment on May 27, 2016, and entered “Lessee(attached Form) possession” in the column for the possession relation of the report on the survey of the current status of the real estate, “B’s transfer date” in the column for the fixed date of transfer, and “unsever” in the column for the fixed date of transfer, and the auction court accordingly prepared the detailed statement of sales items as follows:

The detailed statement of sale articles shall include the date of the moving-in report for rent of deposit (the possession period) and whether the fixed date of the application for the registration of the business is required to distribute the fixed date (the date of demand for distribution) before the date of the moving-in report for rent of deposit, and the current status of the fixed date of the application (the date of demand for distribution) before the tenant's failure to do so.

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