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(영문) 서울고등법원 2016.09.22 2013나2018699
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The registration of the establishment of a new apartment building and the ownership of land in the instant apartment building 1) L apartment reconstruction association removed the old building in Qu Il-gu Seoul, Songpa-gu and carried out the new construction of the apartment building, and according to the said new apartment building construction project, the building listed in the attached Table (hereinafter “instant apartment building”).

(2) On October 28, 2008, the registration of title was completed on October 28, 2008. 2) With respect to the share of 31.97/314,371.8 square meters (hereinafter “the share in the instant land”) in Songpa-gu Seoul Metropolitan Government JJ 72,363 square meters and RJ 199,400.7 square meters (hereinafter “the share in the instant land”), which is the relevant site prior to the new construction of the instant apartment, around 2003, the registration of the establishment of a mortgage was completed on the first priority basis of the debtor B, the National Federation of Fisheries Cooperatives of B, the maximum debt amount of 420,000,000 square meters.

B. On September 3, 2005, B issued to the Plaintiff a promissory note with a face value of KRW 700,000,000, and the due date of October 30, 2005. On the above promissory note, a notary public prepared to the said promissory note with a view to recognizing compulsory execution under the law firm identical with the same law office as a notary public on February 5, 2005. (2) On February 5, 2009, the Plaintiff filed an application with the Seoul Eastern District Court C for a compulsory auction of real estate with the claim amount of KRW 700,000,000 as the title of the above promissory note as the title of the execution, with respect to the apartment of this case owned by B, and the decision of compulsory commencement of auction (hereinafter “decision of compulsory commencement of auction”).

(hereinafter “instant compulsory auction”). (3) The Seoul Eastern District Court shall make a transmission registry office of the same court (hereinafter “transmission registry office”).

(C) At the time, the registration of the decision on compulsory commencement of auction was requested with respect to the apartment of this case, which had not been registered at the time, and the written entrustment was received on February 16, 2009 at the Songpa registry office. C. The registration officer of the Songpa registry office shall make the duplicate registration of preservation of ownership (1).

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