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(영문) 울산지방법원 2019.08.28 2018가합26006
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Basic facts

A. From around December 2012 to around 2014, the LAB Co., Ltd. (hereinafter “I”) took out a loan of KRW 650 million and KRW 1.20 million from the Defendant as a business fund, and established a maximum debt amount of KRW 780 million with respect to the land J in Ulsan-gu, Ulsan-gu (hereinafter “instant land”) owned by I as of December 6, 2012, and KRW 1.44 billion with respect to the instant land as of October 29, 2013, respectively, with the maximum debt amount of KRW 1.44 billion with respect to each of the instant land as of December 7, 2014, and thereafter, on April 7, 2014, additionally establishing a collateral security amount of KRW 780 million with respect to each of the instant land’s maximum debt amount of KRW 1.4 billion and KRW 41.4 million with respect to each of the above land’s building.

B. The Defendant’s foregoing on June 21, 2017

The lower court, based on the right to collateral security, filed an application for voluntary auction of the instant land and the instant ground buildings with the Ulsan District Court H, which was based on the maximum debt amount of KRW 780 million as indicated in the claim, and rendered a judgment on the commencement of real estate auction on July 4, 2017. However, on September 28, 2017, the Defendant transferred the part out of the claim for the loan to the non-party KN limited liability company of KRW 650 million to the non-party KN limited liability company, and accordingly, the said limited liability company succeeded to the status of the applicant for voluntary auction.

C. Meanwhile, the deceased L had set up a collateral of KRW 2,760,00,000 for the Defendant to set up a maximum debt amount of KRW 2,760,00 on the land of Mapo-gu Seoul Metropolitan Government (hereinafter “M land”). However, the above L L died on February 20, 2016, and the heir, including the Plaintiffs, decided to sell the above land on October 24, 2016 and repay the Defendant’s debt of KRW 2,989,313,115 as part of the purchase price, and thereby, the Defendant’s debt of KRW 1.2 billion was repaid as of December 19, 2016.

In the voluntary auction procedure for the instant land and building, the auction court shall take the rank of October 24, 2018 against N in the bankruptcy trustee of Ulsan-gu and the bankruptcy debtor I Co., Ltd. in order to take the rank of 1,017,580 won under the name of the pertinent tax.

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