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(영문) 대전지방법원 2016.08.24 2014가합108182
부인의 소
Text

1. The Defendants: (a) on April 30, 201, the Suwon District Court/U.S. registry office with respect to each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff is a stock company A (hereinafter “A”) declared bankrupt by Daejeon District Court 2013Hahap2, which was declared bankrupt on February 28, 2013.

(A) The Defendants are the bankruptcy trustee of the Republic of Korea, and the Defendants are each real estate listed in the separate sheet No. A (hereinafter “instant real estate”) owned on April 30, 2012.

A) On April 30, 2012 with respect to each of one-half shares, a person who completed a registration of the right to claim ownership transfer based on the reservation on April 30, 2012. (2) D performed his/her duties as a representative director from January 14, 2003 to May 6, 2012.

B. Pursuant to Article 10 of the Act on the Structural Improvement of the Financial Industry and Article 47 of the Regulations on the Supervision of Mutual Savings Bank Business, the Financial Services Commission may notify A of the Financial Supervisory Service that “A’s equity capital ratio (BS ratio; hereinafter “Non-AS ratio”) on dangerous assets at the end of June 2011 is less than 2.39% and thus subject to management improvement requirements, the Financial Services Commission constitutes subject to management improvement requirements (i.e., capital expansion at a level that can maintain not less than 5% of the non-AS ratio, (ii) restriction on the receipt of high interest loans and large amount of loans, (iv) restriction on the handling of new dividends, and (hereinafter “instant measures for management improvement”).” (hereinafter “instant measures for management improvement”).

(2) On May 6, 2012, A was subject to a disposition of business suspension from May 6, 2012 to November 5, 2012 after being notified of the decision of an insolvent financial institution, management improvement order, suspension of performance of duties of executive officers, appointment of a manager, etc. (hereinafter “decision of the insolvent financial institution of this case”) by the Financial Services Commission. Ultimately, A was declared bankrupt on February 28, 2013.

C. Provisional registration under the name of the Defendants with respect to the instant real estate, and the Defendants of principal registration 1, on April 23, 2012, on each of the instant real estate owned A, were based on a trade reservation on January 25, 2012.

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