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(영문) 서울동부지방법원 2016.04.26 2015가단126931
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 [the grounds for recognition: Fact that there is no dispute, Gap evidence 1 through 8, Eul evidence 1, Eul evidence 1, Eul evidence 1 through 3, the purport of the whole pleadings and arguments];

A. B and C completed the registration of ownership transfer for each 1/2 portion of the buildings listed in the separate sheet (hereinafter “instant building”) on May 26, 1995.

B. On September 24, 2013, Samsung Card Co., Ltd. was forced to commence compulsory auction as Seoul Eastern District Court D with respect to C’s 1/2 shares among the instant building (hereinafter “instant real estate”).

C. A certified public appraiser E received an appraisal order on the instant real estate from the above court, and conducted several on-site investigations, but on the grounds of the absence of interested parties, entered “lease relationship” in the appraisal report as “unrefluent.”

F. The enforcement officer of the above court was ordered by the above court to investigate the current status of the real estate in this case, and around October 12, 2013, around the same month.

8. Around 14:05, at around 14:05, each of the instant buildings was visited to investigate the current status, but the door was set up and the resident was absent, and around September 2013, around 2013, an application was filed with the Songpa-gu Seoul Metropolitan Government Gdong Office for the perusal of the occupying household with the “Seoul Songpa-gu 4th H 401 [4th 401] resident registration, which is the domicile of the instant building on the registry of the instant building (hereinafter “the address of 401st 4th m).”

(hereinafter referred to as “the content of perusal of the household of this case”).

Accordingly, on October 8, 2013, the above enforcement officer prepared a report on the investigation into the current status of the instant real estate and conducted an investigation into the status of the said real estate on the following grounds: “Possession relation: the possession relation: the United States, other: the business trip at the location of the instant real estate; the door was set up, and the resident was absent. The resident registration reporter was investigated at the competent Dong office. The current status of the real estate was investigated by the head of the Dong office, and the head of the Dong office was opened, and there was no other management office.

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