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(영문) 광주지방법원 2019.08.23 2018나66004
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. A. Around December 15, 2008, the Defendant C (hereinafter “Defendant C”) was divided from Defendant B AB to a warehouse, distribution business, etc.

On December 24, 2008, Defendant B completed the registration of ownership transfer on the 6,158 square meters and its ground storage facilities (hereinafter “instant real estate”) owned by Defendant C on December 24, 2008.

B. On April 15, 2013, Defendant B obtained a loan of KRW 500 million from the Dispute Resolution Committee (hereinafter “SaB”).

At the time, the instant real estate was installed with a scarcity storage tank (TK-101, hereinafter “instant storage tank”) and a scarcity storage tank. However, Defendant B created a security interest on the instant storage tank 3 types, including the instant storage tank, to the Nonparty bank.

C. In the Suwon District Court G on the instant real estate G and H real estate auction procedure (hereinafter “instant auction procedure”), which was commenced upon Defendant C’s motion, the storage tank and the excess hydrogen storage tank were identified as owned by Defendant B in the first place and excluded from the auction object.

However, around November 2015, Defendant B prepared to Defendant C a written confirmation that the storage tank is owned by Defendant C and then would not raise any objection thereto later (hereinafter “instant written confirmation”), and Defendant C submitted a written opinion with the said written confirmation attached to the said written confirmation that the storage tank is owned by Defendant C, and that Defendant C consented to the blanket sale of each of the storage tanks.

The above court had conducted auction by including each of the above storage tanks in the objects of auction.

At the time, Defendant D was the representative director of Defendant B, Defendant E was the spouse of Defendant D, and Defendant C’s representative director.

E. At the above auction, the storage tank of this case was assessed as KRW 240,000,000,000. It includes the storage tank of this case and the real estate of this case.

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