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(영문) 서울서부지방법원 2017.10.17 2016나4314
대위변제금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. With respect to each real estate indicated in the separate sheet No. 1 attached to the Defendant’s ownership (hereinafter “the instant real estate”), the establishment registration of a mortgage with the Bank of Korea as the mortgagee (hereinafter “the first priority mortgage”) was completed on March 30, 200 with respect to ① the maximum debt amount of KRW 174,00,000,000, and the establishment registration of a mortgage with the Bank as the mortgagee, ② the maximum debt amount of KRW 60,000,000, the establishment registration of a mortgage with the Bank as the holder of a right to collateral security (hereinafter “the second priority mortgage”) was completed on December 31, 201; ③ the establishment registration of a mortgage with the Bank as the holder of a right to collateral security (hereinafter “the third priority mortgage”) with the priority of the maximum debt amount of KRW 299,00,000,000, and the priority of the establishment registration with the National Bank as the mortgagee of the right to collateral security (hereinafter “the third priority mortgage”).

B. With respect to the instant real estate, the Industrial Bank of Korea's decision on voluntary auction (hereinafter "the first auction") was made on December 20, 2003 upon the application for commencement of voluntary auction based on the second-class collateral security (Seoul Western District Court Qu, hereinafter "the first auction"), and ② the decision on voluntary auction was made on January 6, 2005 (hereinafter "the second auction") upon the application for commencement of voluntary auction based on the first-class collateral security (the Seoul Western District Court L; hereinafter "the second auction"), and the voluntary auction procedure was in progress.

(1) The first right to collateral security shall be held liable for the purchaser.

(2) The second right to collateral security shall be held liable for the purchaser during the purchase price of KRW 90 million.

(3) The remainder of KRW 30,000 shall be paid by the buyer as the lessee's deposit.

(5) A public wall of the National Bank (which appears to be a joint collateral for the National Bank) shall be held responsible by B (Defendant).

Other seizures also take the responsibility of the seller (defendant).

C. On January 18, 2005, the Plaintiff agreed to purchase the instant real estate from the Defendant for KRW 90,000,000, and stipulated the following special terms:

(hereinafter “instant sales contract”). D.

The plaintiff on January 18, 2005.

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