가처분이의
1. Revocation of a judgment of the first instance;
2. The Seoul Central District Court 2002Kahap467 between the obligee and the obligor.
I. With respect to the case of a claim for ownership transfer registration under the accord and satisfaction agreement that the creditor of the existence of the provisional disposition has against the debtor as the right to be preserved, the fact that the above court accepted the creditor's application for provisional disposition and rendered a provisional disposition as to each real estate listed in the attachment list owned by the debtor on February 28, 2002 (hereinafter "the provisional disposition order of this case") is obvious in the record.
II. Determination as to the existence of a preserved right
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in the Evidence Nos. 1 to 3, the Evidence No. 5-1 to 7, and the Evidence No. 56.
D Co., Ltd. (hereinafter “D”) entered into a land trust agreement (hereinafter “project agreement”) with creditors and the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust”) on November 20, 1997, with respect to the business of purchasing the instant site and constructing one building for the purpose of neighborhood living facilities and business facilities (the underground seven floors and the ground 20 floors) on the said land, and selling it in lots.
(1) D shall borrow the money necessary from the truster and beneficiary of the above project agreement, and from the creditor who is the contractor (11.7 billion won) to purchase the instant land with the funds, and trust to the Korean Real Estate Trust with the instant land and the buildings for the purpose of neighborhood living facilities and business facilities to be newly built on the instant land and its ground.
(2) In accordance with a sale-type land trust agreement to be entered into with D, the Korean Real Estate Trust will contract the construction of the said building to the creditor.