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(영문) 울산지방법원 2016.08.09 2016가단1983
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Seocho General Construction Co., Ltd. (hereinafter “Sasan General Construction”) filed an application for a compulsory auction of real estate with respect to B to Ulsan-gun, Ulsan-gun, Ulsan-gun, 524 square meters (hereinafter “auction real estate”), which is owned by Sahee Special Investment Co., Ltd. (hereinafter “Sahee Special Investment”). On November 28, 2013, the execution court rendered a decision to commence a compulsory auction (Ulsan District Court C), and on the same day, the registration of the decision to commence a compulsory auction was completed (Sasan District Court C).

(hereinafter referred to as “advance auction”). (b)

D applied for a compulsory auction on an auction real estate, and the court of execution decided to commence a compulsory auction on July 4, 2014, and Ulsan District Court was Ulsan District Court.

E. The decision to commence double auction was made on the same day, and the registration of the decision to commence compulsory auction was completed on the same day (hereinafter “after auction”).

(C) Following the preceding auction procedure, the Plaintiff was determined as the highest bidder on May 28, 2015 (sale Date). On June 5, 2015, the executing court rendered a decision to permit the sale to the Plaintiff. On the other hand, Scar Tech Investment filed a lawsuit against the Plaintiff for an objection to exclude executive titles’ enforcement power (Seoul District Court Decision 2014Da1853), and the Busan District Court rendered a decision against Scar Tech Investment on January 23, 2015. E. The Plaintiff appealed from the foregoing judgment and continued the appellate court (Seoul High Court Decision 2015Na50729), and the Busan High Court revoked the application for the suspension of enforcement power by the time when the appellate court rendered a decision to suspend enforcement. On June 11, 2015, the first instance court revoked the application of the first instance court on June 16, 2015 (Seoul High Court Decision 2015Da165729, May 16, 2015).

2. Summary of the plaintiff's assertion

(a) Claim of the complaint: The public officials belonging to the defendant are as follows.

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