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(영문) 수원지방법원성남지원 2016.11.15 2015가단218715
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. (i) On August 25, 201, the Plaintiff purchased 2,645 square meters (80 square meters) of E forest land in Gwangju City E 5,552 square meters (hereinafter “instant real estate”) from the network D on August 25, 201, and paid all the purchase price.

D, however, D was deceased on October 2, 201 without having transferred the registration of transfer of ownership to the Plaintiff, and D’s wife F succeeded to 1,002.6/2,776 shares of the instant real estate, and D’s son G succeeded to 668.4/2,776 shares of the instant real estate. The heir did not register the transfer of ownership, who filed a lawsuit against the Plaintiff, was awarded a favorable judgment, and completed the registration of transfer of ownership on June 13, 2012.

D. The Defendant B Credit Union (hereinafter “Defendant Union”) was the mortgagee of the instant real estate at 1,3, and 4 times as the mortgagee of the network D.

Defendant C purchased shares of 1,105/5,552 of the instant real estate from Sexual Co., Ltd. on August 24, 201, and completed the registration of ownership transfer on September 8, 201. On October 7, 2011, Defendant C paid the secured obligation of the instant real estate to the Defendant Union as well as H as the secured obligation of the instant real estate No. 5 of the instant real estate by subrogation, and completed each registration of ownership transfer on July 15, 2012, Defendant C voluntarily requested an auction of shares of the Plaintiff, F, G, 342/5,52 of the instant real estate on April 23, 201.

B. On December 20, 2011, the Plaintiff’s repayment of the loan of the right to collateral security (i.e., the Defendant Union, based on the instant right to collateral security No. 4 on December 20, 201, filed an application for an auction to exercise the right to collateral security against F and G ownership of the instant real estate with the Suwon District Court Sungnam Branch I, and the decision on commencing auction was completed on January 11, 2012.

around March 2012, the Plaintiff found the place of business of the Defendant Union and concluded a sales contract on certain shares of the instant real estate, and the Plaintiff’s ownership on the Plaintiff’s purchase shares.

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