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(영문) 서울고등법원 2014.09.25 2013나71809

소유권보존등기말소등

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1. The part of the judgment of the court of first instance against Defendant B shall be revoked;

Defendant B Co., Ltd. shall be limited to C.

Reasons

1. Facts of recognition;

A. The Han Bank Co., Ltd. (hereinafter “IB”) loaned KRW 4 billion to C (hereinafter “C”), ① KRW 6.7 billion on September 20, 2007, ② KRW 7.3 billion on March 18, 2008, and ② KRW 7.3 billion on March 18, 2008 (hereinafter “each of the instant loans”); Defendant SBA Savings Bank (hereinafter “Defendant SBA Savings Bank”); and Defendant SBA Savings Bank (hereinafter “Defendant SBA Savings Bank”) loaned KRW 4.0 billion on September 20, 207. At that time, C and Defendant SB Savings Bank agreed to provide the instant building as collateral to Defendant SB Savings Bank immediately upon completion of the construction of the attached list of real estate (hereinafter “the instant building”).

B. On October 4, 2010, C was notified by the Defendant New L&C Co., Ltd. (hereinafter “Defendant New L&C”), one of the construction companies of the instant building, that it would take legal measures without paying the unpaid construction cost of KRW 1.85,966 million. On November 29, 2010, Han Bank notified C of its intention to initiate legal procedures on November 29, 2010 as one of the said construction companies.

C. Accordingly, on October 18, 2010, I, a representative director of C, prepared a comprehensive business transfer agreement with D and C, “C transfers the instant building to D in KRW 3.5 billion.” On October 25, 2010, submitted a report on the change of the owner of the instant building from C to D, and on November 3, 2010, submitted a report on the change of the owner of the instant building from C to D. The owner of the instant building was changed from C to D.

On November 26, 2010, the above I and D again submitted a report on the change of the owner of the instant building from D to Defendant B Co., Ltd. (hereinafter “Defendant B”) to the Gyeyang-gu Incheon Metropolitan City Office on November 26, 2010, and on December 1, 2010, the owner of the instant building was changed from D to Defendant B again.

E. The building of this case.