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(영문) 서울중앙지방법원 2013.01.22 2012가합23653

소유권이전등기말소

Text

1. Defendant B: (a) on September 26, 2008, with respect to each real estate listed in the separate sheet attached to the Plaintiff, the Daejeon District Court Branch Branch of the Seocheonan District Court.

Reasons

1. Facts of recognition;

A. On April 14, 2004, the representative director of the Plaintiff’s corporate registry was registered C, but D and E were true on March 31, 2004, and despite the absence of a temporary general meeting of shareholders or a board of directors for the change of the Plaintiff’s director and representative director, C’s representative director was registered by forging the minutes of the relevant board of directors’ meeting and the minutes of the shareholders’ meeting, and completed C’s registration of dismissal and appointment of representative director D and E

B. D signed a loan agreement on behalf of the Plaintiff on September 8, 2004 with the Komato Savings Bank (hereinafter “Toma Savings Bank”) of KRW 3.15 billion in total, including KRW 650 million on September 24, 2004 and KRW 3.15 billion in total, on September 24, 2004 (hereinafter “each of the instant loans”), and D and E signed a mortgage agreement on September 8, 2004 with the Plaintiff on behalf of the Plaintiff on September 8, 2004 on behalf of the Plaintiff to secure the instant loan obligations, and completed a mortgage creation agreement of KRW 6.3 billion in maximum debt amount (hereinafter “first mortgage”) with respect to each of the instant real estate on the same day.

C. On September 8, 2004, D and E concluded a real estate security trust agreement on each of the instant real estate (hereinafter “instant trust agreement”) with Defendant New Real Estate Trust, and completed the registration of ownership transfer in the name of Defendant New Real Estate Trust on the ground of the said trust agreement with respect to the remaining real estate (hereinafter “the remainder of the instant real estate”) except for the real estate Nos. 1 and 7 as indicated in the separate sheet among the instant real estate on the same day.

On January 26, 2006, the Komato Savings Bank shall file an application for voluntary auction on the remaining real estate of this case on the basis of the first right to collateral security and for the same year.

2. On August 22, 202, the Daejeon District Court rendered a decision to commence a voluntary auction of real estate with the support fund for the Daejeon District Court, and Defendant Pacific Construction sold the remaining real estate in the process of the voluntary auction of real estate, and completed the registration of ownership transfer under its name on August 22, 2008.