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(영문) 서울중앙지방법원 2014.09.17 2013가합540353

소유권이전등기

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1. An independent party intervenor and an independent party intervenor respectively shall submit an application for participation of each independent party intervenor;

Reasons

1. Basic facts

A. 1) The Defendant shall start the new construction and sale business of the main apartment (hereinafter “instant land”) as indicated in [Attachment 5] Nos. 1 and 2 of [Attachment 5]

2) In the case of the instant building, an underground-based apartment with the size of the fourth and tenth floors above the ground (hereinafter referred to as “instant building”).

2) The project to newly build and sell the project (hereinafter referred to as “instant project”).

on August 29, 2008, Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) to implement the plan.

(3) An incorporated mutual savings bank, Gyeonggi Mutual Savings Bank, Gyeonggi Mutual Savings Bank, and Yong-Nam Mutual Savings Bank (hereinafter collectively referred to as the “Alternative Savings Bank”).

(2) On September 1, 2008, in order to manage the ownership of each real estate listed in the attached Table 5 owned by the Defendant, including the instant land, and to guarantee the Defendant’s performance of the obligations for loans under the above credit transaction agreement, the Defendant entered into a collateral trust agreement with the priority beneficiary of the trust property to the lender (a total of 18.2 billion won), subordinate beneficiary and debtor (hereinafter “instant land trust agreement”), and completed the registration of ownership transfer on the ground of trust with respect to each of the instant real estate on September 1, 2008.

3) On September 9, 2008, the Defendant: (a) obtained the Plaintiff’s approval from the Plaintiff to use the instant land in order to invite buyers to buy the instant building; (b) thereafter, the Defendant recruited buyers of the instant building from around that time; (c) on May 13, 2009, the Defendant added the Plaintiff’s Intervenor’s first beneficiary under the instant land trust agreement to the lender (a total of 18.2 billion won), while maintaining the first beneficiary under the Plaintiff’s land trust agreement to the lender (a total of 1.8 billion won).