부당이득금
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. On January 2014, the Plaintiff filed an application for a payment order with C (the Jeonju District Court Branch 2015jj105) seeking transportation charges, and received a payment order with the said court stating that “C shall pay the Plaintiff KRW 32,616,782 and any delay damages therefrom,” and the said payment order was finalized on February 13, 2014.
B. On July 8, 2014, C entered into a comprehensive business acquisition agreement with D and C to transfer all business rights, including their own claims and obligations, to D Co., Ltd.
C. On July 11, 2014, C completed the registration of ownership transfer with respect to the Plaintiff on the land and the building on the land and the ground (hereinafter “instant real estate”). At the time, the Industrial Bank of Korea was established each right to collateral security (hereinafter “each right to collateral security”) with a total sum of KRW 1.976 million in accordance with the Mining Foundation Mortgage Act, etc., on the said real estate as at the time, the Industrial Bank of Korea was a mortgagee pursuant to the Military Foundation Mortgage Act, etc.
(However, on March 19, 2014, Defendant Credit Guarantee Fund received the registration of partial transfer of collateral security from the Industrial Bank of Korea on the ground of partial subrogation for a final claim as of January 17, 2014, within the scope of 38,595,682 out of the amount of partial collateral security payment from the Industrial Bank of Korea.
F Co., Ltd.’s creditor D’s decision to commence compulsory auction (hereinafter “instant auction procedure”) on September 26, 2014 in Jeonju District Court-Eup Branch G case, the Industrial Bank of Korea rendered voluntary decision to commence auction on December 16, 2014 in Jeonju District Court-Eup Branch H case, and the court I case in the same court I, which received voluntary decision to commence auction on December 24, 2014, and the auction procedure on the instant real estate (hereinafter “instant auction procedure”).
E. Meanwhile, during the instant auction procedure, the Industrial Bank of Korea transferred each of the instant secured claims to Defendant B limited liability companies (hereinafter “Defendant limited liability company”).
E. J and K in the instant auction procedure.