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(영문) 서울중앙지방법원 2019.12.13 2018가합583409
소유권이전등기
Text

1. Nonparty G’s KRW 327,297,152 from the Plaintiff is the H Bank account (Account Number: I) in the name of Defendant B Incorporated.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Nonparty G is as follows: (a) four parcels of land, such as R, S, T, U, etc., in the Yeongdeungpo-gu G-gu, Young-gu, Young-si; (b) the land of this case is 1,308 square meters (hereinafter “the land of this case”).

(i)the building was specified as the first and fourth above ground in the case (hereinafter referred to as the “instant building”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”), regardless of whether it was before or after the mutual change, is a trust company which has entered into a real estate security trust contract with G as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) and its site in the instant building, and Defendant C (hereinafter “Defendant C”), D (hereinafter “Defendant D”), E, and F are priority beneficiaries under the said real estate security trust contract.

3) The Plaintiff is a company established for the purpose of the opening of the hospital and pharmacy consulting business and real estate leasing business. (b) On July 5, 2013, G as the principal debtor of the instant sales contract and the instant trust contract 1) G borrowed KRW 2,900,000, which is funds necessary for the construction of the instant building, from Defendant D. The Plaintiff guaranteed the above loan obligations of V. G and C Co., Ltd. as the contractor of the instant building.

G On July 5, 2013, in order to secure the repayment of the above loan obligation of Defendant B, the first priority beneficiary is a trust real estate of the instant building of this case, which is the land of this case as the site for the instant building of this case, and the first priority beneficiary is the Defendant D’s real estate security trust agreement (original trust agreement). ② Of the instant land, the first priority beneficiary was the Defendant C, joint joint beneficiary of this case, and the second priority beneficiary of this case was the real estate of this case as Defendant E and F, respectively, with the real estate of this case, and on the same day.

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