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(영문) 서울고등법원 2016.01.22 2014나48783

회생담보권조사확정재판에 대한 이의

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following facts: Gap evidence 1, evidence 2-1, evidence 2-2 (Evidence 13-2, evidence 2-1, and evidence 2-2, evidence 4-1 through 16, evidence 5, evidence 6-1 through 8, evidence 6-7, evidence 18-1 through 4, evidence 19-1 through 4, evidence 19-2, evidence 2, and evidence 7.

C Co., Ltd. (hereinafter referred to as “C”) promoted the instant project as a project implementer, which had built and sold a condominium in Quaker Quakat City (hereinafter referred to as “D”) a corporation that it owns 38% of its issued stocks, and owns it (hereinafter referred to as “instant project”).

B. C on April 1, 2008, in order to carry out the instant project, the structure and implementation of the loan for the instant project 1) C is the Bank of Korea (hereinafter “Korea Bank”).

) Business and Loan Agreements with the Corporation (hereinafter referred to as “instant Project and Loan Agreements”);

(1) According to the instant business and loan agreement, the instant financial institution including our bank (hereinafter “Korea bank, etc.”) has entered into the instant business and loan agreement.

) The Fund, the indirect investment fund (hereinafter “E Fund”), as the indirect investment fund, is jointly invested to create “the Fund” and the National Agricultural Cooperative Federation (hereinafter “the Agricultural Cooperative Federation”).

(1) The Fund trustee company and the Daol Real Estate Asset Management Co., Ltd. (hereinafter “Daol Real Estate Asset Management”).

(3) On April 16, 2015, M Co., Ltd. was divided and established, and M Co., Ltd. was established, and the rights and obligations relating to the instant lawsuit are the following: (a) an asset management company; (b) the NA shall be the fund management company; (c) the NA shall loan KRW 25 billion to C; (c) the NA shall loan to D; and (d) the NA shall loan to D; and (e) the corporate name of A Co., Ltd. was changed to “M”; and (e) the rights and obligations pertaining thereto.