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1. The application for intervention of an independent party shall be dismissed;
2. The defendant,
A. Attached to the Plaintiff A.
Reasons
1. Basic facts
A. Each real estate listed in the separate sheet (hereinafter referred to as “instant commercial building”) is part of six commercial buildings attached to E apartment located in Ulsan-gu, Ulsan-gu, Seoul-do (hereinafter referred to as the “instant commercial building”) and the registration of initial ownership by Sungwon Co., Ltd. was completed on November 196, 196.
B. On July 19, 1996, the intervenor entered into a lease agreement with the Sungwon Co., Ltd., setting the lease deposit amount of KRW 137 million with respect to the commercial building of this case as five years from the date of the designation of the lease deposit, and thereafter selling clothes in the commercial building from around that time.
C. On January 8, 199, the company reorganization procedure was commenced by Seoul District Court 98Ma7206 on January 8, 199, and the defendant, on September 3, 1999, merged the gender sources of the corporation with the decision of approval of the company reorganization plan (merger) by the above reorganization court.
At the time of the commencement of the above company reorganization procedure, the reorganization court has to obtain permission from the reorganization court with respect to "any disposal act such as transfer of ownership of all property subject to registration such as real estate and automobiles, acquisition of property above KRW 10,000,000,000 per item, disbursement of more than KRW 10,000,000,000,000 for each item, gift expected to incur more than KRW 10,000,000, or transfer of rights"
In the original approval decision, the liabilities to be repaid by the Sungwon Co., Ltd. were set forth, but the Defendant’s administrator failed to perform the repayment obligation under the reorganization plan, and submitted a modified plan to adjust the repayment rate in December 2001.
E. The reorganization court, among the obligations owed by the Defendant on March 22, 2002, converted the FJ into investment 60% on the basis of the amount of claims by creditors as of December 31, 2001, and the remainder 40% on the basis of the public auction or sale by the secured creditor.