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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the claim
A. The Plaintiff’s assertion C borrowed a total of KRW 14.9 billion from August 20, 2002 to September 3, 201, on eight occasions from August 20, 2002 to September 3, 201.
C As above, the Plaintiff was the owner of the instant movable property by acquiring possession of the instant movable property by means of the amendment of possession by the Plaintiff, D, and C3, which was agreed to purchase from D in preparation for the occurrence of the Plaintiff’s liability for repayment by borrowing money under the Plaintiff’s name, and the ownership of the instant movable property located in the instant real property.
The instant movable was issued a decision of blanket sale of the instant movable property during the voluntary auction procedure for the instant movable property even though it is owned by the Plaintiff. The execution of voluntary auction according to the decision of blanket sale as to the instant movable property should be denied.
B. On April 30, 2013, the bankruptcy was declared against the Future Savings Bank Co., Ltd. (Seoul Central District Court 2013Hahap54), the Defendant was appointed as a trustee in bankruptcy, the Defendant applied for voluntary auction based on the right to collateral security on the instant real estate on December 3, 2015, and the court rendered a decision to voluntarily commence auction on December 14, 2015. The court rendered a decision to collectively sell the instant movable property at the above auction procedure, the fact that the decision to collectively sell the instant movable property was made in the above auction procedure, the Plaintiff’s future decision to sell the instant movable property on October 10, 207 with respect to the real estate stated in paragraph (1) of the attached Table 1 “List of Real Estate”, and the fact that the provisional registration of the right to claim ownership transfer on September 23, 2008 for the real estate listed in paragraph (2) of the above list is not a dispute between the parties.
However, as above, there was an agreement between the Plaintiff and C on the transfer of ownership of the instant movable property solely based on the fact that the provisional registration of the right to claim ownership transfer on part of the instant movable property has been completed.
(2).