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(영문) 서울중앙지방법원 2015.02.06 2014가합524860
손해배상(기)
Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received each of the following loans from the Korea Housing and Commercial Bank Co., Ltd., and thereafter the said bank merged with the Korean National Bank Co., Ltd. (hereinafter “National Bank”), without distinguishing both banks:

On December 2, 1997, 1997, "National Housing Construction Business Operator Loan 1,188,000,000 on December 1, 1994, the loan of the loan of the loan of the loan of the loan of the National Housing Construction Business Operator Loan 1,188,000,000 on April 18, 1996, the National Bank concluded a mortgage contract on the land other than D, 1994, which is owned by the plaintiff between November 30, 1994 and April 16, 196, with a view to securing each of the above loans, and completed a mortgage registration prior to each following day.

B. On August 31, 2007, when an apartment building is newly constructed on the above land, the National Bank applied for the auction of real estate for 99 households of the above land and the apartment constructed on the above land (hereinafter “the apartment of this case”) in the position of the mortgagee, based on an agreement with the Plaintiff to set up the right to collateral security on the above apartment. On November 26, 2008, the Cheongju District Court E, which started the auction procedure of real estate.

C. On March 19, 2009, the National Bank filed an application for provisional registration to preserve the right to claim the establishment registration of the neighboring apartment (Cheongju District Court 2009Bhap4) with respect to the instant apartment on May 11, 2009, and completed the provisional registration of the establishment registration of the neighboring apartment on May 11, 2009. On June 2, 2009, Cheongju District Court 2009Gahap2764 against the Plaintiff, filed a lawsuit against the Plaintiff for the execution of the principal registration procedure on July 24, 2009 (hereinafter “the preceding lawsuit in this case”). Accordingly, the establishment registration of the neighboring apartment in this case, which is owned by the Plaintiff, was completed.

Service of documents, such as a duplicate of complaint and notification of the date of pronouncement, related to the instant prior suit, by mail, to the office affiliated with the Defendant’s Republic of Korea, the pertinent Cheongju District Court is the Plaintiff’s representative director of the Chungcheong-gun D.

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