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1. As to the case of Jinwon District Court D and E (Dual) auction of real estate, the above court on May 21, 2012
Reasons
1. Basic facts
A. On March 10, 2009, Plaintiff A entered into a lease agreement with FF building 101 in Jinju-si, with a deposit amount of KRW 300 million, and twenty-four months during the lease period. On October 20, 2009, Plaintiff A completed the registration of creation of a new maximum debt amount of KRW 300 million with respect to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in order to secure the right to refund the lease deposit, etc., and completed the registration of creation of a new maximum debt amount of KRW 200 million with respect to each of the instant real estates on May 19, 2010.
B. Since Masan Co., Ltd. was not paid the construction cost equivalent to KRW 186,30,000 to F Co., Ltd., on July 27, 2009, the execution of each of the real estate of this case was completed upon a provisional attachment order issued by Jinwon District Court Jinju Branch Branch 2009Kadan1229 on July 29, 2009. The F Co., Ltd. was ordered on July 29, 2009 by the above court to pay KRW 186,30,000 on Masan, Co., Ltd., Ltd., and the above payment order was finalized on August 222, 2009, and the plaintiff B was granted the execution clause succession to the above payment order from the above court on June 29, 2010 on the ground that Masan was the successor to Masan.
C. On April 6, 2009, F Co., Ltd. completed the registration of establishment of a mortgage over KRW 130 million with respect to each of the instant real estate to H on April 6, 2009, and H on March 3, 2010, completed the registration of establishment of a mortgage (hereinafter “the instant mortgage”).
The construction of SP Co., Ltd. (hereinafter referred to as “SP construction”) received a provisional attachment order from the Changwon District Court Jinwon District Court Decision 2009Kadan950 on each of the instant real estate as the preserved bond on March 19, 2009, with respect to the claim for the construction cost amounting to KRW 500 million, and completed its execution. On June 23, 2011, F Co., Ltd. was ordered to pay KRW 500 million for SP construction and its delay damages.