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(영문) 대구지방법원경주지원 2014.10.07 2014가단10826
지료 및 부당이득금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The plaintiff's claim against the defendant Thai-si corporation.

Reasons

1. The facts under the recognition are either recognizable by the statement in Gap evidence No. 1, or obvious to this court.

① Defendant Thai-si shall be listed in the attached Table 1-A of Real Estate.

No. 1-B of the same list on the land described in the port (hereinafter referred to as “land 1”).

On December 31, 1975, the construction of the building stated in the port (hereinafter referred to as the "one building") was approved for use (the extension part was extended after the completion of the construction) on December 31, 1975, and owned it without a preservation registration. As to the land 1, the registration of ownership transfer under one's name was completed on December 23, 1976.

② Defendant Thai-si shall be as specified in attached Table 2-A of Real Estate.

B. Group 2-C of the same list on each land described in the port (hereinafter “second land”).

The construction of a building as stated in the port (hereinafter referred to as "second building") had been approved for use on or around 1975, and owned it without preservation registration, and on the second land, the registration of ownership transfer under one's name has been completed on May 30, 1981.

B. As to the land set forth in Articles 1 and 2, Defendant Thail Co., Ltd., concluded a mortgage right or superficies contract with the Cho Houng Bank, and completed each registration of creation of the joint collateral right of KRW 1 billion with the maximum debt amount of KRW 6 billion on August 3, 1981, the joint collateral right of KRW 6 billion with the maximum debt amount of KRW 3 billion on the same day, ③ joint collateral right of KRW 3 billion with the maximum debt amount of KRW 3 billion on September 9, 1981, ④ joint collateral right of KRW 18 billion with the maximum debt amount of KRW 18 billion on January 9, 191.

(In addition, on December 22, 1995, the joint collateral security registration was completed in the name of the Japanese bank Co., Ltd. with the maximum debt amount of KRW 1.5 billion. (C)

On November 26, 199, the Korea Asset Management Corporation (Korea Asset Management Corporation) voluntarily auction the real estate which is the joint collateral of each right to collateral security, including the land Nos. 1 and 2, after the transfer of each right to collateral security with respect to the land No. 1 and 2 from Choung Bank and completing each additional registration in its name.

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