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(영문) 대구지방법원 2016.12.23 2015가단40002

소유권이전등기

Text

1. As to each real estate listed in paragraph 1 of the attached Table to the plaintiff A, the defendant shall set forth in attached Form B as to the plaintiff B.

Reasons

1. Facts of recognition;

A. Real estate 1 of this case and each real estate listed in paragraph (3) of the same list (hereinafter “the forest of this case”) and each real estate listed in paragraph (3) of the same list (hereinafter “the forest of this case”; on the other hand, the forest of this case and the answer of this case collectively referred to as “D”) were owned by E Co., Ltd. (hereinafter “E”).

B. The Defendant remitted to E the total of KRW 1.782 billion on December 13, 2010, and KRW 1.782 billion on February 16, 2011, and E and F drafted a certificate of borrowing KRW 2 billion on May 3, 2011, with the Defendant’s joint and several guarantee of E and F, with the Defendant’s total of KRW 1 billion on December 23, 2010, and KRW 2 billion on February 15, 201, with the maturity of KRW 30% on May 3, 2011, respectively.

(hereinafter “the instant loan”). On December 2, 2010, E provided the Defendant with a certificate of beneficial interest of KRW 2.2 billion with respect to the instant forest, which was trusted to KB Real Estate Trust Co., Ltd. on February 15, 2011, as to the instant forest, which was trusted to KB Real Estate Trust Co., Ltd., the Defendant as the first beneficiary of the original trust principal.

C. Around August 13, 2014, the instant answer was conducted by public auction. Plaintiff A awarded a successful bid for the instant real estate, and completed the registration of ownership transfer on January 22, 2015, and Plaintiff B awarded a successful bid for the instant two real estate, and completed the registration of ownership transfer on December 8, 2014.

On the other hand, the instant forest land was subject to a public sale procedure around October 7, 2013. On March 25, 2015, the Defendant concluded a sales contract with KB Real Estate Trust Co., Ltd. for KRW 3.7 billion with respect to the instant forest land and completed the registration of transfer of ownership under the Defendant’s name on May 29, 2015.

G Co., Ltd. (hereinafter referred to as “G”) is a company whose representative director and F are recorded as auditors. G and F, and Plaintiff A are the Defendant on January 7, 2015.