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대전지방법원논산지원 2016.07.21 2015가단79
소유권이전등기말소 등
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1. As to each land described in attached Tables 2, 4 through 7, and 10 among Defendant A and Stock Company B, June 24, 2014.

Reasons

Basic Facts

1) The Plaintiff’s loan to the Plaintiff Company B (hereinafter “B”)

) On November 19, 2013, each land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) is listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant land”), and the remainder of the land is referred to as “the same manner.” When referring to the total sum of the above land, each of the instant land is “each of the instant land.”

2) At around February 2014, B completed the registration of ownership transfer with respect to the instant multi-household housing (6 households). Around that time, B completed the registration of ownership transfer, ① the construction of the first class neighborhood living facilities (retail stores) on the instant land 1, ② the construction of the instant multi-household housing (16 households; hereinafter “instant multi-household housing”) on the ground of the instant land 3, ③ the construction of the instant multi-household housing (6 households) on the ground of the instant land 8, and requested the Plaintiff to grant a loan with respect to

On April 1, 2014, B entered into a contract for the construction of the instant tenement in the total amount of KRW 2,800,000,000 of the construction cost with the Dong Integrated Construction Co., Ltd. (former trade name: Smart Construction Co., Ltd.; hereinafter “Dong Integrated Construction”).

3) On June 20, 2014, the Plaintiff appraised the real estate owned by B, investigated B’s credit rating, etc., and confirmed the internal plan on the “B’s loan of KRW 77,00,000 with the land first offered to B as security, and then decided to grant the loan of KRW 850,000 to small and medium enterprise facilities loan of KRW 850,000 on condition that it will be offered as security upon completion of the instant tenement house. 4) On June 24, 2014, the Plaintiff entered into a credit transaction agreement with B to set the credit amount of KRW 77,00,000 with B on the same day.

(hereinafter “instant First Loan”). 5 The Plaintiff is a secured claim for all of the Small and Medium Enterprise Fund Loans and Small and Medium Enterprise Facility Loans currently and future against the Plaintiff on June 24, 2014.