(영문) 대구지방법원 2019.02.14 2017가합208984

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(영문) 대구지방법원 2019.02.14 2017가합208984

청산절차이행

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”)

[Attachment 1] On September 25, 2009, the real estate listed in [Attachment 1] Paragraph (1) (hereinafter “instant land”).

(2) On the same day, C purchased an unregistered building, which was interrupted by new construction on the ground, and completed the registration of ownership transfer on the instant land on the same day, and thereafter changed the name of the owner of the building that was not completed to C. 2) C entered into a real estate security trust agreement with D Co., Ltd. (hereinafter “D”) on March 30, 2010, and completed the registration of ownership transfer on the instant land by reason of trust in D future.

3) C) The real estate listed in Section 2 of [Attachment 1] List 2 (hereinafter “instant building”) shall resume the construction of new buildings with respect to the above completed buildings, and the “each of the instant real estate” in addition to the instant land and the instant land.

B. B. On May 24, 2011, the MOU was drawn up between the Defendant and C, and between the Defendant and C, a MOU was drawn up, with a view to borrowing KRW 7.677852,00,00 from the Defendant as security the instant land and the instant building being constructed on its ground (hereinafter “instant MOU”). The key contents are as follows.

1. As a security, C transfers the ownership of the land in this case to the defendant, and changes the name of the owner of the building in this case.

The debtor of the 3.2 billion won loan debt to the financial institution of C as security of the land of this case shall be maintained as C, and the defendant shall stand joint and several sureties therefor.

(2) The period for repayment of the loan shall be six months from the date of the loan.

(3) The remaining Corporation shall be responsible and completed by C.

4. Where C pays in full the borrowed money within the repayment period, the Defendant shall transfer the ownership of each of the instant real estate to C and a person designated by C.

5. The loan money that C sells as the defendant's authority when it is unable to repay within the repayment period.

유사 판례

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-대구고등법원 2017.10.18 2016나2155

-부산고등법원 2018.02.08 2016나738

-부산지방법원 2016.10.27.선고 2015고정2648 판결

-인천지방법원 2014.02.21 2013가합1729