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(영문) 서울남부지방법원 2018.04.06 2016가합112144
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. Basic facts

A. The Plaintiff is a creditor against Defendant B, and Defendant B is the representative director of Defendant D Co., Ltd. (hereinafter “D”), and Defendant C is the owner who has been awarded a successful bid for some of the buildings in Bupyeong-gu Incheon E (the name of the building was changed to “F building”; hereinafter “instant building”).

B. D completed the construction of the instant building by being awarded a contract from G on April 29, 2004. Since around September 9, 2005, D from around September 1, 2005, since around 101, 102, 103, 104, 105, 106, 107, 108, 202, 203, 204, 205, 206, 207, 201, 302, 303, 304, 305, 306, 407, 402, 403, 304, 307, 403, 404, 403, 401, 501, 601, and 701 of the instant building (hereinafter collectively referred to as “each of the instant sections”).

C. On December 1, 2005, the voluntary auction procedure regarding each of the instant sections was commenced by the Incheon District Court (H)’s decision to commence auction. D around January 1, 2006, reported a lien of KRW 3,100,649,856 to the above court as the secured claim.

On January 9, 2007, a limited liability company specializing in foreign currency securitization filed a lawsuit against D on January 9, 2007 against the Incheon District Court 2007Gahap527, and on October 21, 2009, the appellate court (Seoul High Court 2009Na282) rendered a judgment that D’s lien of 168,035,164 won secured claim and its related interest shall not exceed 5% per annum from August 15, 2005 to December 4, 2007, and 20% per annum from the next day to the date of full payment, and the above judgment became final and conclusive around that time.

E. On September 10, 2010, Defendant C and I completed the registration of ownership transfer with respect to each of the instant sections of this case at the above auction procedure.

F. D is based on the right to claim the recovery of possession against Defendant C and I by the Incheon District Court 201Kahap13001.

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