beta
(영문) 울산지방법원 2017.07.06 2016가합598

양수금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Relevant Defendant was established on December 11, 2014 by a company engaging in real estate development business, implementation business, etc., and E is the representative director of F Co., Ltd. (hereinafter “F”) and the representative director of G, who is the Defendant’s representative director.

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by H. The ownership relationship of each of the respective real estate listed in the separate sheet (hereinafter “the instant real estate”) was owning H. The registration of the decision on commencement of auction was completed on October 18, 2012 and October 22, 2012, asserting that treatment Maritime Co., Ltd. filed an application for the auction of real estate rent with the Changwon District Court I, J (Dus) and filed a registration of the decision on commencement of auction on October 18, 2012. (2) Plaintiff B, C, and K Co., Ltd. (hereinafter “L, etc.”) with Plaintiff B, and C, both Plaintiff B, and C, filed a report on the lien of real estate listed in the separate sheet No. 2 (hereinafter “instant building”).

3) In the auction procedure, the market price of each real estate was assessed to be KRW 12,49,158,770 in total, and thereafter, the Defendant was awarded a successful bid in KRW 7,00,000. A certified judicial scrivener M submitted to the auction court a letter of withdrawal of the declaration of lien in the name of N who acquired L, etc. lien on February 16, 2015, and the Defendant acquired the ownership of each real estate by fully paying the successful bid price on March 30, 2015. (C) Since each real estate was not handed over by L, etc., the Defendant applied for an order of real estate delivery to the head of Changwon District Court for the issuance of a real estate delivery order on July 20, 2015, and completed the delivery execution on September 15, 2015.

L, etc. against the Defendant, filed an application with the Changwon District Court No. 2015Kahap10154 for provisional disposition against the possession of each real estate listed in the separate list No. 1 and No. 2, and received the decision for provisional disposition on November 3, 2015.