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(영문) 서울중앙지방법원 2014.05.01 2013가합59567
소유권이전등록
Text

1. The plaintiff's lawsuits against the defendant, Newan Mutual Savings Bank, Inc. and independent party intervenors.

Reasons

1. Basic facts

A. On October 21, 2009, the Intervenor completed the registration of ownership transfer with respect to shares 1269/25398 (hereinafter “instant dispute shares”) out of the land for factory in the instant case, and C is the Intervenor’s stockholder and the representative director.

On April 16, 2008, Korea Development Co., Ltd. (hereinafter “Korea Development Co., Ltd.”) completed the registration of ownership transfer with respect to the shares remaining 1269/25398, except the shares in the instant dispute among the instant land (hereinafter “the shares in interest development”).

B. On March 15, 2010, D held a temporary general meeting of shareholders of the Intervenor as the Speaker pro tempore, E,F, and G, as a shareholder holding 100% of the Intervenor’s shares, and prepared a minutes of the temporary general meeting of shareholders with the content that he/she is appointed as the Intervenor’s representative director, D, in-house director, H, I, and Auditor as the Intervenor’s auditor. Based on this, D completed the registration of the Intervenor’s officers.

C. On March 25, 2010, the Defendant bank entered into an agreement with the Intervenor (the Intervenor’s representative) and the Plaintiff for interest and development. The said Defendant completed the registration of establishment of mortgage (hereinafter “registration of establishment of mortgage”) with a maximum amount of KRW 8 billion to the Intervenor, and with respect to the development of interest, 10% per annum of interest and 25% per annum of the funds necessary to adjust the dispute shares, limited rights or dispute rights established with respect to the interests of interest and development, and with respect to the interests of interest, 13.3 billion won per annum (hereinafter “the loan agreement of this case”). As a security, the Plaintiff bank, the obligor, the Intervenor, and the maximum amount of debt amount of KRW 10 billion to the Intervenor, and with respect to the said share development, the Defendant bank received the said maximum amount of debt amount as the Defendant bank’s registration office, the 17466th of March 26, 2010.

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