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(영문) 서울남부지방법원 2016.01.19 2014가합3543

소유권이전등기말소 등

Text

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. The Plaintiff and Defendant K non-Real Estate Trust Co., Ltd. 1) the Plaintiff (F is the only internal director of the Plaintiff and owns all the Plaintiff’s shares.

) The 17 commercial buildings of H, an aggregate building located in Yeongdeungpo-gu Seoul Metropolitan Government G (the first floor of 101 to 105, and the first floor of 102 to 110, non-13, non-16, non-119, non-19, hereinafter referred to as “instant real estate”).

(2) On April 8, 2010, each Seoul Southern District Court’s Yeongdeungpo District Court’s registration of transfer of ownership was completed on the same day as the receipt No. 14563 on April 8, 2010. (2) A limited liability company (which was changed to J-LLC on January 17, 201, but was changed to I limited liability company again on December 1, 201; hereinafter “I”) that all of the Plaintiff’s intra-company directors F were owned by the Plaintiff, and received a loan of KRW 8 billion from the Gyeonggi Savings Bank Co.,, Ltd. (hereinafter “Game Savings Bank”) on April 8, 2010.

(3) On April 8, 2010, the Plaintiff participated in the above loan to the K of the Gyeonggi Savings Bank at the time, and as seen below, the Plaintiff participated in the public auction procedure on April 8, 2010 on the same day (hereinafter “Defendant K non-real estate trust”).

As to the instant real estate, the trust period from April 8, 2010 to April 8, 2013 with respect to the instant real estate is from the date of the trust period from April 8, 2010 to the date of April 8, 2013; the first beneficiary is the Gyeonggi Savings Bank (the amount of KRW 11.2 billion in the certificate of beneficial rights); the first beneficiary is the debtor; the second beneficiary is the debtor as the plaintiff; and when the first or the Plaintiff fails to perform its obligations, the real estate security trust agreement (hereinafter “instant trust agreement”) stating that the Defendant KF real estate trust will liquidate and settle the instant real estate (hereinafter “instant trust agreement”).

(2) On April 8, 2010, Defendant KF real estate trust entered into this case, and received on April 8, 2010 from the same registry office.