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(영문) 서울중앙지방법원 2017.11.01 2017가합1702

근저당권설정등기말소청구

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1. The plaintiff's claim against the defendant succeeding intervenor is dismissed.

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

Reasons

Basic Facts

D Co., Ltd., which operated Cski ground and Liart (hereinafter “the instant Liart”) located in Sung-gun, Sung-gun, Gangwon-do, the background of the instant sales contract, was declared bankrupt on May 20, 2003 while he was under management due to foreign exchange crisis.

(hereinafter “D” without distinguishing before and after the bankruptcy. Meanwhile, on July 2, 2001, E completed the registration of ownership transfer on the instant real estate on August 22, 2001, each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) which was used as the sirens of the instant Liber on July 2, 2001.

G, which had practically managed D after D bankruptcy, established H (hereinafter “H”), and H acquired the assets of D, the right to permit the instant resort’s business, etc., and operated the instant resort again, but continued to operate the resort, it was decided to sell the instant resort around 2007 as H had continued to be accumulated.

Accordingly, the sales agreement was continued between H and E and the I (hereinafter “I”) and J (established around July 20, 2007 for the management of the instant resort, and the J (hereinafter “J”).

During that process, I, J, and ENC Co., Ltd. (hereinafter collectively referred to as "I et al.") will take over the instant resort, including the instant real estate, to resume it after remodeling, and to promote the development of additional resort facilities, such as golf clubs, (hereinafter referred to as "the instant resort project") around the area, and bee April 25, 2008.

Scam Asset Management Co., Ltd. (hereinafter referred to as “Macam Asset Management Co., Ltd.”) with I et al.

Switzerland acquires new shares and establishes K Co., Ltd. (hereinafter referred to as "K"), which is a project financial investment company under the Corporate Tax Act, and K through K.

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