공탁금출급확인
1. B B between the Plaintiff and the Defendant, a limited liability company specializing in the case-backed securitization.
1. Determination as to the claim against the defendant B
A. Basic facts 1) The National Bank Co., Ltd., Ltd. (A) filed an application for voluntary auction with the Changwon District Court for the commencement of a voluntary auction on February 5, 2013 (hereinafter “instant auction procedure”) based on the right to collateral security (security: 1.08,000,000 won, the maximum debt amount against D against D, and buildings on which 1,522m2m2 and its ground, F.584m2, and F.84m2, hereinafter “instant real property”). Accordingly, on February 5, 2013, the voluntary auction procedure regarding the instant real property (hereinafter “instant auction procedure”).
B) Meanwhile, on March 20, 2014, the non-party company received the above collateral security claim from the National Bank of Korea. Around March 20, 2014, the non-party company agreed with the defendant C to sell the above collateral security claim amounting to KRW 570 million, but the defendant C participated in the auction procedure of this case at the price of KRW 799,11 million, and awarded the bid of this case. The non-party company received dividends equivalent to the above sale price at the auction procedure of this case, the non-party company agreed to return the above collateral security claim amounting to KRW 221,11 million (= KRW 799,11 million - KRW 570 million) to the defendant C (hereinafter referred to as the “instant agreement”).
(2) On March 21, 2014, Defendant C entered into a contract with Defendant B to transfer 2/5 of the rights and obligations under the instant agreement to Defendant B, and the Nonparty Company consented thereto. (B) On May 2, 2014, the Defendants participated in the instant auction procedure and participated in the bid on May 2, 2014, and completed the registration of co-ownership shares as to Defendant C’s 3/5 shares on the same day.
3. On the other hand, on May 1, 2014, Defendant C borrowed KRW 200 million from the Plaintiff as of July 1, 2014 and as at 2.5% per month of interest on the date of repayment, and then ahead thereof.
4. 30. The Plaintiff transferred to the Plaintiff the obligation to pay the said KRW 220 million dividends to the non-party company, and the said obligation is the same.