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(영문) 대전지방법원 2016.08.10 2015가합3185

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”)

) The company is established for the purpose of golf course business, etc. and each land listed in the separate sheet No. 1 (hereinafter “instant golf course site”).

(C) In the instant golf set (hereinafter referred to as “instant golf course”).

2) On August 1, 2005, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant real estate security trust agreement”) with respect to the instant golf course site between the Plaintiff and the Plaintiff on December 6, 2013, one asset trust (hereinafter “instant real estate trust”) (hereinafter “instant real estate trust agreement”).

3) On August 2, 2005, B acquired the ownership of the instant golf course site, and completed the registration of ownership transfer based on the instant real estate security trust agreement on the same day. On April 15, 2011, B concluded a contract to modify part of the said trust agreement. Meanwhile, B, after transferring the ownership to one of the instant golf course sites as above, planted the number of items 1 through 28 listed in the attached Table 2 in the instant golf course site (hereinafter “instant item”).

B. The creditors of B, including D, E, F, G, H, I, D, and Korea-based social companies, etc. (Joint Case No. 2012Ga32, 2012Ga59, 2012No. 1000, 2012 No. 1017, 2012, 2017, 2012 No. 1434, 2017, 2012, 2012 No. 1517, 2012, 2012 No. 1922, 2012, 2012, and 2012759, hereinafter referred to as “the auction auction of this case”).

(2) On January 9, 2013, the Plaintiff purchased the instant trees, etc. at the instant auction procedure, and on the same day.