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(영문) 대구지방법원서부지원 2014.12.03 2013가단31735
소유권이전등기 말소등기 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Party B Co., Ltd. (hereinafter “instant company”) is a company established for the purpose of housing construction business, etc., and the company was engaged in the new construction and sale of collective housing (hereinafter “instant business”) in the Daegu Seo-gu C Group, Seogu, Daegu, and there remain obligations exceeding KRW 186.2 billion with loans, etc. as seen below.

The Plaintiff is a director of the instant company until July 12, 2013. The Plaintiff is a creditor who has a claim for loans of KRW 709,775,00 for the instant company and delay damages.

The Defendant entered into a sales contract on July 12, 201 (hereinafter “instant sales contract”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), which was entrusted on January 6, 2005 by the instant company, the owner of each of the instant real estate, and completed the registration of ownership transfer in its name on the same day.

B. On July 27, 2005, the instant company changed its trade name to the Industrial Bank of Korea and the ELM Marine Insurance Co., Ltd. (the latter ELI Co., Ltd.) (the latter ELI).

hereinafter referred to as ELI M&L insurance

(ii) Korea Development Finance Corporation (hereinafter referred to as “Korea Development Finance”);

(2) The Plaintiff changed its trade name into “Avik Capital Co., Ltd.” (hereinafter “Avik Capital”)

The term "ABF Capital" is referred to as "the lender of this case", including the Industrial Bank of Korea, the Industrial Bank of Korea, the Insurance against Loss, the Korea Development Finance, and the ABF Capital.

In addition, the instant loan agreement (hereinafter “instant loan agreement”) provides that the instant company shall obtain a loan from the instant lender to the extent that the total principal amount does not exceed KRW 90 billion (7.3% per annum and 19% per annum per annum on interest rate), to the extent that the instant company is obligated to obtain a loan (hereinafter “instant loan agreement”).

(b).

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