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(영문) 인천지방법원 2015.08.28 2014가합52892
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally liable for KRW 165,00,000,00 and the aforementioned amount from December 19, 2014 to August 28, 2015.

Reasons

1. Basic facts

A. The Defendant F, on April 30, 2004, indicated in the separate sheet from H on April 30, 2004 (hereinafter “instant apartment”).

(2) Defendant F purchased the instant apartment on May 1, 2012, and completed the registration of ownership transfer on June 1, 2012. Defendant D sold the instant apartment to Defendant B on June 8, 2012, and completed the registration of ownership transfer on June 19, 2012. Defendant B sold the instant apartment to Defendant B and completed the registration of ownership transfer on June 19, 2012. Defendant B again sold the instant apartment to Defendant C on September 10, 2012 and completed the registration of ownership transfer on November 1, 2012.

B. On the other hand, on September 10, 2012, when Defendant C lent money to Defendant C, the day on which the sales contract on the apartment of this case was concluded, the Plaintiff concluded a mortgage agreement with Defendant C to provide the apartment of this case as a security for the above loan claim, and on the same day, completed the registration of establishment of a collateral for the above apartment of this case with Defendant C and the Plaintiff as the obligor C and the mortgagee. (2) At the time of the registration of establishment of a collateral for the apartment of this case, Defendant B, who was the owner of the registration of the apartment of this case, had no senior deposit, etc. on the apartment of this case (hereinafter “each of this case”).

C. The Plaintiff filed an application for the auction of real estate rent and its progress 1) and thereafter, the Plaintiff filed an application for the auction of real estate rent on the apartment of this case with Cheongju District Court I, based on the foregoing establishment registration, and received a decision to commence the auction of real estate rent in the same court on January 8, 2013. (2) However, in the above auction procedure, G agreed on June 1, 2012 that Defendant F, the husband, sold the apartment of this case to Defendant D and completed the registration of the transfer of ownership, and continued to reside in the above apartment in the status of lessee.

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