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(영문) 창원지방법원 2014.07.18 2014구합272
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. The Plaintiff is a corporation established on June 26, 1959 and its business purpose is manufacturing, grain processing, and sales business. B, the Plaintiff’s representative director, established “D” on February 3, 2006, and operated grain wholesale and retail business, etc. 2) E operated grain sales business under the name of “G” in its wife.

나. 소유권 변동과정 1) E은 2007. 9. 13. 도정(搗精) 공장으로 사용되는 별지 목록 기재 각 부동산(이하 ‘이 사건 부동산’이라 한다

(2) The sum total of the instant real estate, etc. (hereinafter referred to as “instant real estate, etc.”) and machinery, equipment, etc. in its place.

(2) On September 13, 2007, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) established a right to collateral security, the maximum debt amount of which is KRW 2400,000,000, with respect to the instant real estate, and partly appropriated the amount loaned from Gyeongnam Bank as a loan.

3) On October 15, 2007, E sells the instant real estate, etc. to KRW 2,000,000,000 (hereinafter “instant sales contract”).

A) B concluded the registration of ownership transfer with respect to the instant real estate to B on November 19, 2007. B acquired the secured debt of the said secured debt, which is the debtor of E, and deducted the secured debt from the purchase price.

On December 3, 2007, B entered into a pre-sale agreement with the Plaintiff on the instant real estate, and on December 4, 2007, B completed the registration of the right to claim ownership transfer to the Plaintiff.

C. One of the commencement of the voluntary auction procedure, the Gyeongnam Bank filed an application for voluntary auction on the instant real estate on the basis of the right to collateral security against E.

Accordingly, on July 4, 2008, real estate of this case is real estate H of this court.

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