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(영문) 서울동부지방법원 2021.01.08 2019가합103001
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Company”), the company’s trade name was changed from “E Co., Ltd.” to “F” on March 27, 1997, and on March 12, 1998 to “G,” and the trade name was changed to that as of July 19, 2004, on December 17, 1997, the collective security agreement was established with Defendant B on the claim amounting to KRW 450,000,000,000,000 for each of the instant lands, and KRW 48198,000,000,000 for each of the instant lands (hereinafter “each of the instant lands”), and on the same day, the collective security agreement was established with Defendant B as the registry office having jurisdiction over each of the instant lands, which was established on July 19, 197.

B. On April 8, 2011, Defendant C completed the additional registration of the right to collateral security, which was based on transfer on April 5, 2011, with respect to the instant right to collateral security, and completed the voluntary application for auction to Chuncheon District Court J on the basis of the instant right to collateral security on November 28, 2011 (hereinafter “instant auction procedure”).

Defendant C purchased each of the instant lands at the auction procedure on May 21, 2012, KRW 450,000,000,000,000,000,000 for each of the instant lands. On the same day, the execution court, on July 16, 2012, prepared a distribution list to distribute the total amount of KRW 50,610 to the Hongcheon-gun, the father of the first order (the pertinent tax) and KRW 7,643,060 to the National Health Insurance Corporation (the Hongcheon Branch), which is the father of the second order (the pertinent tax), and to the National Health Insurance Corporation (the Hongcheon Branch), the second order was determined on the same day.

Defendant C completed the registration of the transfer of ownership on each of the instant land by Hongcheon District Court’s Hongcheon Registry on July 23, 2012 as the receipt No. 16819.

(c)

Meanwhile, from March 24, 1997 to June 26, 1998, K (hereinafter “K”) lent a sum of KRW 2.266 million to Nonparty Company and thereafter sold to it. The bankruptcy administrator of K applied for a payment order against Nonparty Company as Seoul Central District Court 2005 tea 31311.

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