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(영문) 서울중앙지방법원 2018.10.17 2017가단5239796
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. The Plaintiff is a company running real estate consulting business, credit business, etc., which is acquiring the status of the creditor of the right to collateral security during the auction (Seoul Central District Court D; hereinafter “instant auction of real estate”) of real estate for Jongno-gu Seoul Metropolitan Government, Jongno-gu, 103, 105 through 107, 107, 201 through 210, 202, and 202, non-Dong 202 (hereinafter “instant building”); Defendant B is the lessee of Jongno-gu Seoul Metropolitan Government C building, 201 and 202 (hereinafter “instant commercial building”); Defendant A is the spouse of Defendant B and completed business registration of the instant commercial building as “E” at the address, and the Defendants operated the said building together.

B. On February 23, 2016, regarding the instant building, Nonparty Gwangjin-jin Saemaul Community Co., Ltd. filed an application for voluntary auction based on the right to collateral security and was conducting the auction of the instant real estate. However, the Plaintiff acquired the claim secured by the right to collateral security against the instant building from Nonparty Gwangjin-jin Saemaul Community Depository, Master-do Saemaul Community Depository, and Sejong Central Saemaul Community Depository, and submitted a written consent on May 12, 2016, and submitted a written consent on the creditor and the right to collateral security, and the obligor’s notification was sent to the obligor, and the creditor of the instant real estate auction was changed from the Gwangjin-jin Saemaul Community Depository to the Plaintiff.

On the other hand, in order to acquire the status of creditor and participate in the instant real estate auction, the Plaintiff entered into a credit transaction agreement with the Savings Bank at an annual interest rate of 6.2% on April 29, 2016, and 4.5 billion won on the condition that the redemption commission is exempted in the event of redemption with dividends.

C. The instant real estate auction procedure was determined by the highest purchaser on September 12, 2017, as of August 8, 2017, which was the third sale date, for the goods number 1,3,4,7,8,9,10,11, and for the goods number 2,5,6, the third sale date.

Defendant A on September 5, 2017

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