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1. Defendant Venea Korea Co., Ltd. among the instant lawsuits against Defendant Nene golf Co., Ltd.
Reasons
1. Basic facts
A. Defendant Vietnama Korea Co., Ltd. (hereinafter “Defendant Venea Korea”) operated the instant golf course (hereinafter “instant golf course”) with the mutual membership of “VeneaCC,” from the land of 137 pieces of land in the Mai-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do, if
B. Defendant Venea Korea received business funds from Han Bank, and entrusted the instant golf course site and buildings to Han Bank Co., Ltd., and as it was impossible to repay the loan, Han Bank Co., Ltd entered into a sales contract to sell the instant golf course site and buildings to Daom Co., Ltd. on May 29, 2014, and completed the registration of ownership transfer on May 30, 2014.
C. On June 26, 2014, Daom Co., Ltd concluded a trust agreement with the Plaintiff on the instant golf course site, and completed the registration of ownership transfer on the instant golf course site in the future of the Plaintiff on June 27, 2014.
As above, even after the completion of the registration of transfer of ownership of the instant golf course site and building in the future of the Plaintiff and Daom, Defendant Venea Korea continued to operate the instant golf course, and used the instant golf course site and building as golf courses, golf clubs, management clubs, etc.
E. Accordingly, the Plaintiff and Daom filed a lawsuit against Defendant Benea Korea seeking delivery of the instant golf course site and building (Seoul District Court Decision 2014Gahap1402 (Main District Court Decision 2014Gahap1402) and cancellation of ownership transfer registration). The said court rendered a judgment on June 26, 2015 to the effect that “Defendant Benea Korea shall deliver the instant golf course building to Daom Co., Ltd, and deliver the instant golf course site to the Plaintiff.”
F. As to the above judgment of the first instance court, Defendant Venea Korea.