logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.23 2016나2024992
추심금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant Union and the deceased Association and the deceased B, network D, and C (1) The Defendant Union and the Korea Water Resources Corporation (hereinafter “instant land”) shall be the F 2054m2,054m2 (hereinafter “instant land”) from the Korea Water Resources Corporation.

A) The Defendant Union received shares of 1,869.31/2,054.4 shares to the Plaintiff. Around November 21, 2003, the Plaintiff Union offered the instant land and procured construction costs, etc. to the said land (hereinafter “instant building”). The instant building is a commercial building (hereinafter “instant building”).

A) Construction of the instant building is to be made by the Defendant’s members, and part of the instant building is to be owned by the Defendant’s members, and the remainder is to be sold in general by C to cover construction costs (hereinafter “instant project”).

(2) Accordingly, C and the Defendant Union borrowed funds from creditors, including the network B and network D (hereinafter collectively referred to as “the network”) at the time the co-owner of the instant building was the president of the Defendant Union at the time, and used the land acquisition cost and construction cost, etc. for the instant project.

The Defendant Cooperative paid the remaining purchase price to the Korea Water Resources Corporation, and purchased the shares of 26.44/2,054.4 from M on December 30, 2005, and completed the registration of ownership transfer in the name of the Defendant Cooperative with respect to the shares of 1,895.75/2,054.4 out of the land of this case on January 2, 2006 (i.e., the shares of 1,869.31/2,054 M/ 26.4/2,054.4) in the name of the Defendant Cooperative, and completed the registration of ownership transfer in the name of the Defendant Cooperative on December 30, 2005 on December 30, 2005.

On the same day, the ownership transfer registration was completed in C with respect to the shares of 158.65/2,054, which were owned by N, etc. among the land of this case.

3) The building of this case was completed on March 22, 2006 upon the request of C for the registration of provisional seizure upon the request of C’s creditorO for provisional seizure. (B) The registration of preservation of ownership was completed on March 13, 2006.

arrow