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(영문) 서울서부지방법원 2018.04.26 2017가단21858
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 23, 2011, the Plaintiff entered into a mortgage establishment agreement with the Republic of Korea and Yongsan-gu Seoul Metropolitan Government Ground C (hereinafter “instant real estate”) that provides the Defendant’s housing as security for tax payment to the Republic of Korea. On May 30, 201, the Plaintiff completed the registration of creation of a mortgage with the maximum debt amount of KRW 17.6 million, and the debtor’s establishment of a mortgage on the said real estate.

B. The Korea Asset Management Corporation, which was delegated by the head of a tax office on behalf of the head of a tax office due to the Defendant’s delinquency in national taxes, such as the notice of public auction, shall issue a public auction notice prior to the public auction on the instant real estate, and shall complete the registration of the public auction notice on July 19, 201

Furthermore, the Korea Asset Management Corporation notified the Plaintiff of the public auction of the instant real estate at that time.

C. As to the instant real estate in existence of prior collateral security, Franchi Mutual Savings Bank (the subsequent change to FS Savings Bank, Inc.) completed each of the following: (a) on January 13, 2009, the registration of creation of a mortgage on the ground of the relevant collateral security agreement; (b) the maximum debt amount of KRW 234 million; (c) the registration of creation of a mortgage on the ground of the relevant mortgage agreement on March 18, 2009; (d) D’s registration of creation of a mortgage on the ground of the relevant mortgage agreement on March 18, 2009; and (e) the registration of creation of a mortgage on the basis of the debtor E’s creation of a mortgage on the ground of the aforementioned two neighboring

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-2 and 4, the purport of the whole pleadings

2. If the Plaintiff’s assertion of the instant real estate is sold by public auction, it is anticipated that the Plaintiff will incur damages equivalent to KRW 17.6 million in consideration of senior collateral security and the Defendant’s actual amount of taxes in

Therefore, it is expected that the Plaintiff would be liable for reimbursement of the above KRW 17.6 million from the Defendant due to the public sale of the instant real estate, and that the Plaintiff would be liable for reimbursement of the said KRW 17.6 million against the Defendant.

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