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(영문) 광주지방법원 2017.12.14 2017가합53465

소유권이전등기

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1. The plaintiff's motion to intervene in the case shall be permitted.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. The debtor A Co., Ltd. (formerly: G Co., Ltd.; hereinafter referred to as “A”) is a company that implements a new construction and sale of the buildings listed in paragraph 4 (hereinafter referred to as “instant building”) in the land listed in paragraphs 1 through 3 of the attached Table (hereinafter referred to as “instant land”).

B. (1) On May 15, 2013, A borrowed KRW 1,100,00,000 from Defendant D, KRW 600,000,000 from Defendant E, and KRW 400,00,000 from Defendant F, with interest rate of KRW 2.5% per month and due date of payment on July 15, 2013, respectively.

(2) (A) In order to secure the above loan obligation on May 15, 2013, A and the Defendants concluded a mortgage agreement with respect to the instant land and building as the maximum debt amount of KRW 2,730,000,000, and with respect to the debtor A and the Defendants as the Defendants, and completed the registration of establishment of a mortgage in the name of the Defendants as to the instant land and building on the same day.

(B) In order to secure the above loan obligation on May 15, 2013, A completed the provisional registration of the right to claim transfer of ownership on the land and buildings of this case owned by Defendant D (11/21), E (6/21), and F (4/21) for the same day’s reservation.

(C) On August 19, 2013, the Defendants completed the principal registration based on provisional registration on July 19, 2013 with respect to the instant land and building on the grounds of sale and purchase.

(hereinafter “The instant transfer registration” refers to “the instant transfer registration,” and is collectively referred to as “the instant contract” (hereinafter collectively referred to as “each of the instant contracts”) of May 15, 2013, the agreement to establish a mortgage as of May 15, 2013, the promise to trade as of May 15, 2013, and the sales contract as of July 19, 2013.

(1) On November 4, 2016, the Defendant’s assistant intervenor filed a petition for bankruptcy against A with the Gwangju District Court 2016Hahap5008, and the said court declared bankrupt against A on February 6, 2017, and appointed the Plaintiff as the bankruptcy trustee.

(2) The Defendant Intervenor reported the claim against A as bankruptcy creditor in the above bankruptcy proceeding. D.

(1) A is the Gwangju District Court against the Defendants.