손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The real estate owned by J Co., Ltd. (hereinafter “J”), which was divided into 60,698 square meters of D forest 60,000 square meters (24,882 square meters of D forest 24, 7,146 square meters of forest E, 16,529 square meters of forest 16, G forest 3,561 square meters of forest 3,561 square meters of H forest 3,561 square meters of forest 3,561 square meters of I forest 5,019 square meters of forest 5,000 square meters of forest 5,000 square meters; hereinafter “instant real estate”). On May 21, 2013, K completed the registration of transfer of ownership on the ground of sale to K Co., Ltd (hereinafter “K”) (hereinafter “the Plaintiff”) on the same day.
B. On May 29, 2014, Defendant C Co., Ltd. is the other party to K as the court of this Court No. 2014Kadan201, and completed the registration of provisional seizure for the instant real estate upon receipt of the provisional seizure order for the instant real estate.
(Amount claimed 318,805,338 won, Promissory Notes on Claim). (c)
Defendant B, on December 19, 2014, was created by K with a maximum debt amount of KRW 370 million as to the instant real estate.
On April 21, 2015, K completed the registration of ownership transfer based on trust with L Co., Ltd as trustee.
E. On December 11, 2015, the Plaintiff established a pledge against KRW 1.1 billion out of his K’s claim against M, and completed the additional registration of the pledge of the right to collateral security with respect to the instant real estate.
F. M applied for a voluntary auction of the instant real estate to the Youngcheon District Court Branch N, and on July 28, 2016, the voluntary auction procedure (hereinafter “instant voluntary auction procedure”) commenced.
G. On March 8, 2017, a court of execution prepared a distribution schedule (hereinafter “instant distribution schedule”) that distributes the remainder of KRW 4,374,843,648 to the Plaintiff, a mortgagee of the right to collateral security (the maximum amount of claims KRW 1.1 billion) in the order of priority among KRW 5,248,07,076,87, and KRW 123,640,000, and KRW 873,109,589, and KRW 3rd priority to the Plaintiff, a mortgagee of the right to collateral security (the maximum amount of claims KRW 4.9 billion).
H. Defendant B is the Plaintiff.