낙찰자지위확인등 청구의 소
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 November 10, 2016, the Defendant trustee in bankruptcy held a bid to sell bonds listed in the separate sheet issued by the obligor in bankruptcy (hereinafter “instant bid”).
B. The Plaintiff and Defendant Mine Construction Co., Ltd. (hereinafter “Defendant Gold Construction”) participated in the instant bidding, and Defendant Gold Mine Construction bid amounting to KRW 8,510,00,000, the highest amount of which was determined as a successful bidder.
On the other hand, the bid price submitted by the Plaintiff was KRW 8,110,000,00.
C. On November 17, 2016, the Defendant trustee in bankruptcy entered into a transfer contract with Defendant Gold Mine Construction on the same day with the permission of the court on the same day (hereinafter “instant transfer contract”).
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in the case of provisional number; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion (1) was not in place at the time of the instant tender; (2) Defendant Gold Construction, who participated in the instant tender, was allowed only one bidder to enter the bidding site at the time of the instant tender; (3) was present at the bidding site at the time of the instant tender; and (4) was submitted in violation of the time of the submission of the tender; and (4) the bid price was modified from “7,510,000,000 to “8,510,000” to “8,510,000” to “the tender price was modified to “8,510,000,000, and thus, violated the procedural provisions of the instant tender; thus, the decision that the Defendant trustee determined as the successful bidder in the instant tender at the time of the instant tender at the time of the instant tender at the time of the tender at the time of the tender
B. The judgment trustee applies for the so-called formal auction procedure pursuant to the Civil Execution Act for the realization of real estate, etc. that belongs to the bankrupt estate, or the debtor rehabilitation and rehabilitation.