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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. On January 26, 2010, G et al. (hereinafter “the final judgment of this case”) sentenced the above bankruptcy trustee to KRW 99,326,252 and the damages for delay thereof, and the judgment became final and conclusive. The above judgment became final and conclusive. The above judgment is based on the following: (a) the bankrupt trustee, the Korea Deposit Insurance Corporation, and F filed a lawsuit against G et al. for a loan claim against G et al. as Busan District Court 2009Da77316.
Since then, the Plaintiff was transferred the above loan claim to G by the bankruptcy trustee.
B. On December 10, 2017, G purchased the 33rd floor I of H building No. 33 (hereinafter “instant real estate”) on KRW 515 million. On February 20, 2017, G purchased the instant real estate at KRW 515 million. On February 20, 2017, G completed the registration of the transfer of ownership in its name, and completed the registration of the establishment of a neighboring maximum debt amount of KRW 220 million to J on the same day.
In addition, on February 22, 2017, G completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) of KRW 110 million with the maximum debt amount (hereinafter “the right to collateral security”) against Defendant B regarding the instant real estate, and completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) of KRW 165 million with the maximum debt amount (hereinafter “the right to collateral security”) against Defendant C.
C. The Plaintiff received an execution clause to succeed to the final judgment of this case and applied for the commencement of compulsory auction on the instant real estate to Changwon District Court D. On August 27, 2018, the said court accepted the Plaintiff’s application and rendered a decision to commence compulsory auction. The instant real estate was sold to K for KRW 481 million on February 14, 2019 through the said compulsory auction procedure.
On the date of distribution on March 21, 2019, the above court distributes either KRW 119,671,211 to J, KRW 110 million to Defendant B, KRW 165 million to Defendant C, KRW 41,98,780 to the Plaintiff, and KRW 39,80,747 to the Plaintiff, respectively.