beta
(영문) 인천지방법원 2016.03.16 2015가단55945

배당이의의 소

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Dispute Resolution E (the decision to discontinue the rehabilitation procedures was made on June 20, 2014; hereinafter “Nonindicted Company”) is a company established in March 2004, and Plaintiff C was employed in around August 2004, Plaintiff A was employed in around August 2006, Plaintiff D was employed in Nonparty Company, respectively, around May 2007.

On the other hand, F owned 50% of the shares of the non-party company with the representative director G of the non-party company. A person who finally approves the execution of the funds of the non-party company, including the payment of benefits to the above G, or prepares major assets of the non-party company and provides a joint and several surety for the borrowing of operating funds.

B. On September 21, 2006, F obtained a loan from the KOF bank in accordance with the attached list No. 1 (hereinafter “instant building”) which had completed the registration of ownership transfer in its future on its own on the same day, and the F had completed the registration of the establishment of a new mortgage with respect to the said building in the future of the said bank, the registration of the establishment of a new mortgage by the debtor F was completed in the future.

C. After that, on October 23, 2007, F completed the registration of ownership transfer for the instant building on the grounds of sale in the name of the non-party company, but the debtor of the said right to collateral security was changed to the non-party company on the same day on the same day.

(E) In this case, F and G have jointly and severally guaranteed the above acquisition obligation of the non-party company. Accordingly, F stated in a factual confirmation (Evidence A10) that the ownership of the building of this case was transferred to the non-party company in the name of the non-party company for improving the financial structure of the non-party company

(However, there is a little difference between the acquisition of the contract and the acquisition of the contract in the statement that the debtor still left the debt against the above right to collateral security at that time.

After all, the non-party company, etc. failed to repay the above debt, and the defendant applied for the auction of real estate (H) on July 7, 2015 as the transferee of the above right to collateral security.