beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff’s loan claim 1) The Plaintiff is a stock company C on May 1, 2011 (hereinafter “foreign company”).
(2) On May 1, 2012, the non-party company decided 1.5% of interest per month and the due date of repayment as of May 1, 2012. (2) The non-party company asserted that the Plaintiff’s loan claim was cancelled as a rehabilitation claim in the case of the rehabilitation application by the Gwangju District Court 2015 Gohap5010, and that the amount of KRW 360 million was extinguished by repayment.
B. The non-party company’s disposal 1) On April 20, 2015, the non-party company’s each real estate indicated in the indication of the attached real estate (hereinafter “each real estate of this case”).
(1) The Defendant entered into a contract to sell the amount of KRW 780 million to the Defendant (hereinafter “instant contract”).
(2) On the same day, as to each of the instant real estate at the time of the instant sales contract, the registration of ownership transfer was completed with respect to each of the instant real estate to the Defendant, the mortgagee was a single bank, and the maximum debt amount of KRW 480,000,000 and the maximum debt amount of KRW 240,000,000,000,000, which was the debtor to the non-party company (hereinafter in this case, the sum of each of the instant mortgages was the “the registration of ownership transfer”) and the aggregate of the secured debt amount was KRW 60,000.
3) On July 10, 2015, the purchase of each of the instant real estate, the Defendant took out a loan of KRW 600 million from the Gwangju Bank on July 10, 2015, and completed the registration of creation of a collateral of KRW 780 million with respect to each of the instant real estate in the name of the Gwangju Bank. On July 13, 2015, the Defendant revoked the registration of creation of a collateral of KRW 780 million with respect to each of the instant real estate. (C) On April 24, 2015, Nonparty Company filed an application for rehabilitation with the Gwangju District Court 2015Kahap5010 on April 24, 2015. D, the representative director of the Nonparty Company, was present on May 14, 2015 on the date of examination of the instant rehabilitation case, and the market value of Nonparty Company’s assets was 4,212,939.