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Reasons
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(영문) 광주지방법원 장흥지원 2017.01.11 2016가단3127
소유권이전등기청구 등
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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant Hoe Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff (or Plaintiff’s spouse C) received, on February 17, 2015, a promissory note from the issuer Jeon Industrial Co., Ltd., Ltd., (hereinafter “FD Asset Management”), (i) KRW 374,00,000, and KRW 154,286,904 out of the discount amount, with a discount from a bank, after being endorsed the promissory note as of May 15, 2015, at the discount from the bank; (ii) KRW 462,00,00; and (iii) KRW 462,00,00; and (iv) KRW 203,469,522; (iv) KRW 370,000 from the issuer’s discount, with a discount from the bank; and (v) KRW 154,286,90; and (v) paid at the discount from the issuer’s assets; and (v) KRW 2015,705,005,05.

B. From among the discounted amounts received from the Plaintiff (or Plaintiff’s spouse C), Fran Asset Management: (a) transferred KRW 127,586,904 on February 17, 2015; (b) KRW 147,00,000 on March 23, 2015; (c) KRW 59,790,198 on March 24, 2015; and (d) KRW 30,000,00 on March 27, 2015 to the Suhyup account of a limited liability company, respectively.

C. Defendant Hobu Co., Ltd. (former name prior to the change: A. B. A. A.D. Co., Ltd., Ltd.; hereinafter “S.”), upon receiving a decision to permit the sale of the instant real estate in the auction procedure for D’s real estate rental by the head of the Gwangju District Court, completed the registration of the transfer of ownership in the name of Defendant Hobu’s head office at the 5535 receipt on June 12, 2015.

Since then, the defendant Hobu completed the registration of the right to claim ownership transfer on the ground of the pre-sale agreement made on June 12, 2015 with the same registry office No. 9746, Nov. 2, 2015, with respect to the instant real estate.

The real estate transfer object: Article 1 of the real estate of this case: The defendant Hobu takes over the transfer of the right to the real estate of this case without any condition on the management of assets.

Article 6. Real estate.

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