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(영문) 수원지방법원여주지원 2015.09.17 2014가단33682
소유권이전등기
Text

1. The Defendant is limited to the real estate indicated in the attached Form to an independent party intervenor on January 31, 2013.

Reasons

1. Basic facts

A. The defendant is a company established for the purpose of housing construction project.

B. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), the Defendant completed the registration of ownership transfer on January 4, 2013 due to the reversion of trust property on January 4, 2012, and the International Trust Co., Ltd. on January 4, 2012 by trust on January 4, 2012.

C. Around July 29, 2008, the Plaintiff lent KRW 50 million to the Defendant (hereinafter “instant loan”), and as to this, the loan certificate drawn up on July 29, 2008 (hereinafter “the instant loan certificate”). D.

(1) On May 6, 2008, D Co., Ltd. (hereinafter referred to as “D”) issued an order to BJD Co., Ltd. (hereinafter referred to as “SBD”) with BJD Co., Ltd. (hereinafter referred to as “SBD”), and Defendant and E entered them as joint and several sureties at the bottom of the above order (hereinafter “instant order”).

B. On December 11, 2014, E was sentenced to a suspended sentence of imprisonment for one year for the instant case, and the said judgment became final and conclusive around that time. In addition, E was sentenced to a suspended sentence of two years on December 11, 2014.

E. (1) On August 20, 2008, the Plaintiff entered into a mortgage contract with the Plaintiff on the amount of 200 million square meters F. F. 3130 square meters owned by the Plaintiff on August 20, 2008 and the debtor entered into a mortgage contract with D on August 20, 2008 with respect to the above real estate. The Plaintiff completed the registration of the establishment of the neighboring mortgage on August 20, 208 with respect to the above real estate.

(2) In the event of the commencement of the voluntary auction procedure with respect to the above real estate by the Suwon District Court, upon the application of the voluntary auction to obtain the claim for the right to collateral security of this case, the Plaintiff paid KRW 82 million for the said real estate to D.

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