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(영문) 서울북부지방법원 2019.10.11 2019가단111100
손해배상(기)
Text

1. The Defendant’s KRW 47,569,315 as well as the Plaintiff’s KRW 15% per annum from March 30, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The registration of the establishment of a mortgage (hereinafter referred to as the “registration of the establishment of a mortgage of this case”) was completed with respect to E forest land E 58,632 square meters (hereinafter referred to as “land prior to the instant partition”) in Chungcheongnam-si, Chungcheongnam-si, which was jointly owned by C and D (C shares: 5326/58632, D shares: 3306/58/586/58632), with respect to the registration of the establishment of a mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed land”) with the maximum debt amount of KRW 468,00,000 on March 4, 209, which was received on March 4, 2009.

B. Thereafter, on November 5, 2009, C donated each share of 1,000/58632 to the Defendant and H among its own shares, and completed each share transfer registration in the name of the Defendant and H on November 9, 2009.

C. Since then, on April 17, 2014, the application of G, a mortgagee, rendered a voluntary decision to commence the auction of the instant land before the division, to the Cheongju District Court first rendered the decision to commence the auction.

(hereinafter “instant auction procedure”). D.

While the instant auction procedure is underway, the secured debt of the instant right to collateral security was transferred to J Asset Management Company on December 17, 2015, to K Co., Ltd. on April 5, 2017, and to the Plaintiff on June 12, 2017. Accordingly, the Plaintiff completed the additional registration of the right to collateral security transfer on June 12, 2017, as Cheongju District Court Decision 22149, Jun. 12, 2017, which was received on June 12, 2017, with respect to the instant right to collateral security.

E. Meanwhile, on May 12, 2016, in the instant land prior to the instant partition, part of the size of 5,952 square meters of Lan Forest is divided, and on February 6, 2017, M forest land was divided into 13,306 square meters, N forest land 331 square meters, and 694 square meters of O forest. Of them, M forest land was owned solely by the Defendant on the grounds of division of co-owned property.

F. While the instant auction procedure is in progress, the Defendant filed a lawsuit against J Asset Management Company and the Plaintiff seeking the cancellation of the registration of the establishment of the instant mortgage as indicated in the following table, and lost all of them.

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