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1. The Defendant’s KRW 135,695,520 as well as the Plaintiff’s annual rate from July 5, 2016 to August 31, 2016, and the following.
Reasons
1. Establishment of liability for damages;
A. 1) The creditor requesting auction had a claim for refund of lease deposit amounting to KRW 65,00,000 against the plaintiff, and the above claim was issued by the above court on December 9, 2013. The above order for payment was finalized on December 31, 2013, and the above order for payment became final and conclusive on December 31, 2013. 2) The progress of the auction case C filed an application for compulsory auction (hereinafter “instant auction procedure”) against the real estate in the attached list owned by the plaintiff (hereinafter “instant real estate”) with the Jung-gu District Court D with the original copy of the above order for payment as executive title, and the above court rendered a decision for commencement of auction on January 22, 2014.
In the auction procedure of this case, on April 25, 2014, the auction court issued an order for sale, made a decision for a blanket sale, and designated and publicly announced the date of sale and the date of decision for sale as follows:
The minimum sale price by sale date shall be as follows:
On May 9, 2014, the date of the decision on the sale of the minimum sale price on May 10, 2014:30 742,195,520 won on May 16, 2014, 14:00 won on June 13, 2014; 14:00 on June 20, 2014; 3:10:30 on July 18, 2014; 10:305,005,00 won on July 25, 2014; 4:00 on July 25, 2014; and 380:30,004,00 won on August 10, 2014; and 14:00 won on August 29, 2014; and thus, the bidding date was impossible on June 10, 2015.
From the second sale date ( June 13, 2014), E became the highest bidder with the bid price of KRW 610,000,000.
At the second sale decision date ( June 20, 2014), the decision of permission for sale to E was announced and announced, and after the decision of permission for sale became final and conclusive, E paid the full amount of KRW 610,000,000 in the auction court on July 14, 2014.
3) The instant delegation agreement between the Plaintiff and the Defendant and the details of the Defendant’s performance of duties are as follows: (a) the Plaintiff delegated the suspension, etc. of the instant auction procedure with the Defendant on May 29, 2014 (hereinafter “instant delegation agreement”).
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