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(영문) 서울중앙지방법원 2014.10.16 2014가합520011
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The registration-related B of the instant real estate was completed on December 16, 2005, with respect to the real estate listed in the separate list owned by it (hereinafter “instant real estate”), the registration of creation of a neighboring mortgage with the maximum debt amount of 600 million won against the Korea Sgressing Bank Co., Ltd. on December 16, 2005, and the registration of creation of a neighboring mortgage with the maximum debt amount of 520 million won against C on March 21, 2006, and C completed on September 7, 2009 the additional registration of the transfer of a right to collateral against the Mgress Investment Loan Co., Ltd.

B on May 2, 2006, the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on May 2, 2006 on the instant real estate by reason of the trade reservation made on May 2, 2006.

On January 8, 2008, the director of the Gangnam District Tax Office, such as the procedure for public sale of the instant real estate, imposed corporate tax of KRW 858,783,413 on E, and around May 20, 2008, notified B of the designation and payment of the secondary taxpayer.

On July 7, 2008, the Republic of Korea seized the instant real estate on the grounds of the delinquency in payment of the above corporate tax, and then requested the Defendant to sell the instant real estate to the Defendant on September 8, 2010 (hereinafter referred to as the “instant auction procedure”).

On January 20, 2011, the Plaintiff received a successful bid of KRW 1.2.1 billion in the sale price of the instant real estate on January 20, 201, and paid KRW 120,218,000 to the Defendant on January 21, 201, and KRW 1,081,962,00 in the sale price on March 21, 201.

D, after the public auction procedure of this case, on January 20, 201, completed the principal registration of transfer of ownership (hereinafter “the principal registration of this case”) based on the provisional registration of this case on the grounds of sale as of January 19, 2011. On the same day, the notification of ex officio cancellation of the registration of seizure indicated in the above B-2 was accepted by the objection of the director of Gangnam-gu Tax Office on March 8, 201, and the registration of ex officio cancellation was made.

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