beta
(영문) 광주지방법원순천지원 2014.10.30 2014가합1844

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 3, 1996, when Nonparty E (hereinafter “E”) obtained a loan of KRW 300 million from a bank, the Defendant created a right to collateral security on land and buildings located in Hacheon-si, the Defendant owned by the Defendant (hereinafter “Defendant’s real estate”) for E. However, on February 24, 1999, the procedure of voluntary auction on the real estate owned by the Defendant was commenced to this court I on February 24, 199 as E did not pay a loan.

B. On April 24, 1999, the Defendant provisionally attached the debtor as Nonparty D, who was the representative director of E and E, the claim amount of KRW 388,604,97 (the same amount as the principal and interest of interest that have not been repaid by E) and the amount of the claim amount of KRW 316m2 (hereinafter “the instant real estate 1”), G field 197m2 (hereinafter “the instant 2 real estate”), J field 516m2 (hereinafter “the instant 3 real estate”), and J field 516m2 (hereinafter “the instant 3 real estate”).

(hereinafter “each of the instant provisional seizures”) C.

On November 2, 1999, K awarded a successful bid of KRW 135,790,00 on the above I real estate auction procedure. On November 15, 1999, the Defendant continued to receive a favorable award of KRW 135,790,000 on the part of the Defendant, and on November 15, 1999, the judgment became final and conclusive on March 4, 2000 on the following grounds: “If the Defendant’s real estate, which was provided as physical security, was an agreement between E and D to compensate for damages jointly and severally if the Defendant’s real estate was sold as a result of an auction, and E and D are jointly and severally liable to pay the amount of KRW 135,790,00 and damages for delay thereof (hereinafter “the amount of indemnity”).

(hereinafter “instant judgment”) D.

(1) Of the instant real estate, the first real estate is located.