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Reasons
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(영문) 대구지방법원서부지원 2019.07.11 2018가합51465
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On April 2013, Company C, etc. entered into a real estate security trust agreement with D Co., Ltd. (hereinafter “D”) on E and three parcels and its ground buildings (hereinafter “instant real estate”). The Defendant was designated as the priority beneficiary under the instant contract.

B. On October 17, 2017, the Plaintiff was selected as a successful bidder in the third public auction procedure on the instant real estate conducted by D (hereinafter “instant public auction procedure”) and paid KRW 700 million to D on the same day.

C. On October 24, 2017, the Plaintiff entered into a sales contract with D to purchase the instant real estate amounting to KRW 6.977 billion (hereinafter “instant sales contract”). The contract deposit is replaced with the said bid deposit, but the remainder of KRW 6.271 million shall be paid by November 23, 2017, and the overdue interest rate is set at 19% per annum.

In part of the instant real estate, the registration of the establishment of a neighboring mortgage and the registration of the lease of a house (hereinafter collectively referred to as the “registration of the restriction on the right of this case”) was completed, respectively. However, the Plaintiff paid the following amount to the mortgagee and lessee, and cancelled each of the above registrations.

Division: (1) On August 6, 2018, 2018, G (H and I) with the maximum debt amount of KRW 300 million (2 million) on March 14, 2018 (200,000,000) on the date of receipt of the registration of the relevant real estate; (2) the date of receipt of the registration; and (3) the date of cancellation of the registration; and (4) on August 28, 2006, G (H and I) with the maximum debt amount of KRW 300 million; (3) on March 14, 2018 (200,000,000) on March 14, 2013, 2013; and (4) on April 4, 2018 (1.90,000 won); and (4) on April 6, 2018, KRW 2018,400,000,000,000;

The Plaintiff’s instant case to D on April 6, 2018.

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