beta
(영문) 대구지방법원경주지원 2016.01.22 2015가합250

소유권이전등기

Text

1. The plaintiff's respective lawsuits against the defendants are dismissed.

2. The costs of lawsuit shall be the part arising from the participation in the lawsuit.

Reasons

1. On June 16, 2003, the Plaintiff’s summary of the Plaintiff’s claim (hereinafter “Meo ginseng”) entered into an agreement on the project of private capital inducement facilities between the Defendant Young-si and the Non-Korean Off-Road Parking Lot. According to the above agreement and Article 65(1), 2, and 65(6) of the National Land Planning Act, the Defendants decided to grant the Plaintiff the real estate indicated in the attached Tables 1 and 2 (hereinafter “instant real estate”). On May 2, 2014, the Plaintiff entered into an agreement on the transfer or acquisition of the instant real estate and the right to operate the instant real estate, which is subject to the acquisition of the instant real estate and the right to operate the said land by subrogation of the Plaintiff. As such, the Plaintiff seeks the Defendants to implement the ownership transfer registration procedure, such as the purport of the claim

2. The Plaintiff’s instant lawsuit against the Defendants is unlawful because it is not permitted under the Debtor Rehabilitation and Bankruptcy Act, as it exercises by subrogation the rights belonging to the bankruptcy trustee with respect to the bankruptcy foundation. The Plaintiff’s defense against the Defendant’s supplementary intervenor, one asset trust, one of which constitutes a judgment on the legitimacy

Article 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "The right to manage and dispose of the bankrupt estate shall belong to the trustee in bankruptcy," and Article 15 of the Act provides that "The right to manage and dispose of the bankrupt estate shall not be granted to the trustee in bankruptcy, and the right to manage and dispose of the foundation shall belong to the trustee in bankruptcy." Article 424 of the Act provides that "The current Debtor Rehabilitation and Bankruptcy Act shall not exercise any bankruptcy claim unless bankruptcy proceedings go through bankruptcy proceedings." This aims to prohibit the free liquidation of the bankrupt estate and to entrust the right to manage and dispose of the bankrupt estate to the fair and reasonable reorganization of the trustee in bankruptcy, while giving it to only the trustee in bankruptcy with respect to the liquidation of the assets of the bankrupt estate."