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(영문) 대전고등법원 2017.10.25 2016나15806
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. Defendant D, etc.’s lien report and Plaintiff A’s ownership acquisition 1) The 3rd floor underground and the 9th floor above the 9th floor building located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon (hereinafter “instant building”).

Defendant D Co., Ltd. (hereinafter “Defendant D”) in the G auction procedure for the Daejeon District Court’s Daejeon District Court’s G auction procedure

[1]35 billion won and H Co., Ltd. (hereinafter “H”)

(1) On November 16, 2011, the KJ reported the transfer of ownership as to the building of this case on December 31, 2011, with the claim for construction cost of KRW 180 million, KRW 165 million, KRW 230 million, KRW 200,000,000 as the secured claim. Defendant D submitted the said claim on December 31, 2010, and KRW 10,000, KRW 200,000,000, and KRW 200,000 as the secured claim. Defendant D reported the transfer of ownership as to the building of this case on July 20, 2010, KRW I reported the lien on October 14, 201, respectively.

After that, on December 27, 201, the U&S Specialist of the Asset-backed Securitization prepared a letter of intent to sell real estate with the desired amount of KRW 5.5 billion in the sale of the instant building, and distributed it to several real estate brokerage offices, and laid the instant building in lots.

3) On June 10, 2013, Plaintiff A purchased the instant building at KRW 4,530,000,000 from the KAW Asset-backed Specialist, and completed the registration of ownership transfer on July 30, 2013. (B) On September 29, 2011, the KAW Asset-backed Specialist (hereinafter collectively referred to as “Defendant D, etc.”) sought confirmation of the non-existence of a lien on the instant building as Defendant D, H, I, and J ( collectively referred to as “Defendant D, etc.”) with the Daejeon District Court Branch Branch of the Daejeon District Court on September 29, 2011, the Daejeon District Court Branch of 201Gahap5281, and the Daejeon District Court Branch of Daejeon Branch of Daejeon District Court on March 14, 2012, the building portion occupied by and owned by Defendant D, etc. as 1075, Oct. 25, 2012

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