부동산명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Gwangju District Court dated 8, 2014
1. On November 23, 2010, Company A (hereinafter “Bankruptcy Company”) registered the preservation of ownership in the name of the real estate listed in the separate sheet (hereinafter “instant building”) and operated the J hotel. On October 25, 2012, the Plaintiff is a bankruptcy trustee of the Bankruptcy Company, who was declared bankrupt on October 25, 2012 by the Gwangju District Court 201Hahap10.
On January 18, 2012, creditors of the bankruptcy company who participated in the new construction of the building of this case and did not receive the claim for the construction price, have established the 1,00 J hotel for the purpose of collecting the claim for the construction price, etc. (hereinafter “the claim council of this case”).
On April 25, 2011, the bankrupt company entered into a trust agreement for real estate disposal of the instant building with the beneficiary as the bankrupt company, and completed the registration of ownership transfer on April 26, 201 with respect to the instant building on April 26, 201. However, on April 25, 2012, the above registration of ownership transfer was cancelled on the ground of an agreement made on April 5, 201.
On March 14, 2012, in order to secure the claim for construction cost, the Credit Council concluded a trust contract and mortgage contract with respect to the instant building with the bankrupt company, and completed on April 25, 2012 the registration of transfer of ownership and the registration of creation of mortgage over the maximum debt amount of 13.6 billion won based on the said trust contract.
Co-Defendant C Co-Defendant C (hereinafter “C”) in the first instance trial from September 1, 2012, occupied the 9 to 16th floor of the instant building, and operated J hotel.
On August 20, 2012, the defendant of the bankrupt company entered into a lease agreement with the bankrupt company on the 17th floor of the building in this case, and operated the Skdong branch business at the place. On August 31, 2012, the defendant of the bankruptcy company jointly with the co-defendant I (hereinafter "I") of the first instance court, who is an employee of the bankrupt company, as to the 3 and 45th floor of the building in this case.