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(영문) 서울고등법원 2017.12.12 2016나2081339
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Future Savings Bank, a stock company, was declared bankrupt on April 30, 2013 by the Seoul Central District Court 201Hahap54, as a mutual savings bank as prescribed by the Mutual Savings Banks Act established for the purpose of a business such as credit installment savings business, loan business, etc. The Plaintiff’s future Savings Bank, a stock company, without distinguishing before and after the declaration of bankruptcy pursuant to the Depositor Protection Act (hereinafter “BB Savings Bank”) on the same day.

(2) The Defendant is a company established with the aim of carrying on the banking business as prescribed by the Banking Act and other relevant laws.

B. The future savings bank’s loans, etc. to the instant church is deemed to be the Order of the President of the Korea Coast Guard Association B church (hereinafter “instant church”).

(C) Each registration of ownership transfer on June 28, 2002 with respect to each real estate listed in [Attachment C] Nos. 1 and 2 of [Attachment 2] under the name of the representative of C, and the real estate listed in [Attachment 2] paragraph (3) of the same list (hereinafter “instant church

The registration of preservation of ownership was completed on November 23, 2004 (hereinafter referred to as “the instant church building, etc.”) respectively.

(2) On December 9, 2005, the future savings bank loaned KRW 8 billion to the instant church (hereinafter “existing loan”), and on the same day, the existing loan obligations regarding the instant church building, etc. as the secured debt, the maximum debt amount of KRW 1.43 billion, the debtor’s instant church, the mortgagee’s future savings bank, and the mortgagee’s future savings bank, completed the registration of creation of a neighboring mortgage, which became the debtor’s future savings bank, and the said establishment of a mortgage was cancelled on July 10, 2006.

3. Since then, with respect to the church building, etc. of this case, the existing loan obligations with respect to each debtor's debt as the secured debt, each debtor's church of this case and each mortgagee's future savings bank of the mortgagee's future savings on November 13, 2006, the maximum debt amount of 650 million won on January 29, 2007, the maximum debt amount of 260 million won on January 29, 2007, the maximum debt amount of 9.49 billion won on July 19, 2007, and the maximum debt amount of 9.49 billion won on July 19, 2007.

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