beta
Text
1. In the case of Suwon District Court No. 2008No. 6776, the defendant Young-gu special lecture for defendant Young-gu, Inc., the movable property attached to the plaintiff.
Reasons
1. Basic facts
A. On November 30, 2006, C entered into a loan agreement with the National Bank on KRW 335,000,000 of the purchase fund of the movable property indicated in the attached movable property (hereinafter “the instant machinery”), and entered into a transfer security agreement with the National Bank to transfer the instant machinery to secure its obligation for the loan, and deliver it by means of possession revision, upon obtaining a guarantee from the Credit Guarantee Fund.
B. C fails to pay interest on the above loan obligations, the Credit Guarantee Fund subrogated to KRW 262,250,104 for the above loan obligations at the request of the National Bank, and concluded a transfer security transfer contract with the National Bank on August 22, 2008 with the National Bank to take over the instant machinery from the National Bank and proceed with the auction procedure on the instant machinery.
C. D, through the above public sale procedure on December 17, 2008, acquired the instant machinery in KRW 80,600,000 and sold the instant machinery to E. The Plaintiff entered into a sales contract with E on December 24, 2008, and acquired the instant machinery in KRW 110,000,000.
However, on May 30, 2008, the Defendant Yeongdeungpo-gu Special River Co., Ltd. (hereinafter “Defendant Young-gu Special River”) filed an application for compulsory execution against the instant machinery, etc. on May 30, 2008, based on an original of the payment order with the Suwon District Court Branch of 2008 tea 644 executory power, for which the Defendant Young-gu Special River Co., Ltd. (hereinafter “Defendant Young-gu Special River”) attached the said machinery from Suwon-si F on June 4, 2008.
E. On July 8, 2008, C moved the above machinery to the G when it was commercialized (hereinafter “execution place”) and reported the transfer of seized objects. Accordingly, the execution court became the Suwon District Court.
(F) The instant machinery was sold on March 18, 201 in the course of sale conducted on March 18, 201, to Defendant B.