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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Around April 2018, with respect to the attached list real estate (hereinafter referred to as “each of the instant real estate”), the auction of real estate D with the Daejeon District Court’s official jurisdiction was commenced.
B. On November 20, 2018, the auction court decided to sell each of the instant real estate en bloc, and stated that the land of Articles 3, 4, 5, 6, 7, 8, and 21 among the instant real estate is necessary in the remarks column of the indication of attached real estate and the statement of sale items.
C. On April 22, 2019, the Plaintiffs bid at the 4th bidding date and bid at the highest price on the attached list and bid at the same time.
The Plaintiffs were issued with the qualification certificate for acquisition of farmland on April 24, 2019, but did not have been issued with the qualification certificate for acquisition of farmland on land under paragraph (7) of this case (EMM 6㎡ in public land).
E. On May 24, 2019, the auction court rendered a decision on the refusal of sale on the grounds that the Plaintiffs did not submit the qualification certificate for acquisition of farmland for the instant land under paragraph (7) and issued a second order on June 12, 2019.
F. On September 9, 2019, the Plaintiffs bid each of the instant real estate at the third bidding date, and the auction court decided to permit the sale to the Plaintiffs on September 16, 2019.
【Ground Nos. 1 through 8】
2. The fact that the Plaintiffs’ claim No. 7 of the instant case was not subject to the qualification certificate for acquisition of farmland is that the public official in charge of the auction court erred in statutory interpretation when there were serious defects in the preparation of the specifications of “sale goods,” and there is no reason to refuse sale, and there is no reason to refuse sale.
As such, due to an illegal decision of denial of sale, F&C assets management company, which is a senior creditor, received an additional amount of interest equivalent to 11.08% per annum during 141 days in relation to principal 1,629,00,000 from April 22, 2019 to September 9, 2019, which is the date of resale, and lower than the above assets management company.