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(영문) 서울중앙지방법원 2018.10.31 2018가합503205
손해배상(기)
Text

1. The Defendant: (a) KRW 369,435,248 for the Plaintiff and KRW 5% per annum from January 30, 2018 to October 31, 2018; and (b) for the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the registration of creation of a mortgage on May 30, 2012 with respect to Pyeongtaek-si E factory site owned by D (hereinafter “D”), 10,320 square meters of land for a factory, 1/2 shares of 56 square meters of land for a factory, and E-ground factory building (hereinafter “instant real estate”) (hereinafter “instant real estate”), each of the maximum debt amounts of KRW 2,400,000,000, 1,680,000,000, 2,160,000,000, 2,0000,000, and each of the debtors as D.

(hereinafter referred to as the above collateral security "the instant collateral security"). B.

C, based on the instant collateral, filed an application for a voluntary auction of real estate rent with Suwon District Court G on the instant real estate G on February 9, 2015, and completed the registration of the entry on the same day, thereby commencing the auction procedure.

(hereinafter “instant auction procedure”). C.

On December 1, 2014, the Defendant filed an application for provisional seizure of real estate with respect to the real estate in this case as KRW 472,904,379 with the Suwon District Court Decision 2014Kadan3164, which had not been paid the price of goods from D, and completed the registration of such provisional seizure on December 3, 2014, following the above court’s decision of acceptance on December 2, 2014. On April 22, 2015, the Defendant submitted a report of rights and a request for distribution to the above court as a person holding the provisional seizure.

C around June 2015, around 2015, transferred the instant collateral security and its secured debt to the Plaintiff and notified D of the said transfer.

F. However, the Defendant, among the instant real estate, putting a banner informing that it is a factory building having the right of retention, and occupied the instant real estate, the Plaintiff filed a lawsuit against the Defendant on July 20, 2015 against the Defendant for the confirmation of existence of the right of retention under the Suwon District Court Sejong District Court Decision 2015Gahap9228.

(g) On the other hand, the first sale date was designated on November 23, 2015 in the auction procedure of this case.

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