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(영문) 서울중앙지방법원 2014.01.17 2012가단160432
소유권이전등기 등
Text

1. Defendant C:

A. At the same time, the Plaintiff received KRW 85,00,000 from the Plaintiff A, and at the same time, the Plaintiff indicated in the attached Table 1.

Reasons

1. Basic facts

A. On May 4, 2007, the registration of ownership transfer was completed in the name of the I Co., Ltd. (hereinafter “J”) on the real estate No. 1 (hereinafter “instant 401”) and the real estate No. 2 (hereinafter “instant 301”), one of the H apartments in Gyeonggi-gu E, F, and G (hereinafter “H apartment”), respectively, under the name of the I Co., Ltd. (hereinafter “I”), and on October 29, 2007, the registration of ownership transfer was completed in the name of the J Co., Ltd. (hereinafter “J”). On October 29, 2007, the instant 401 and 301, 102, 102, 103, 201, 202, 203, 203, 203, 302, 303, and 303 as joint collateral security (hereinafter “instant 401”) and the debtor was registered with the District Court No. 13601,14.

B. On September 14, 2006, Defendant D was registered as the J Auditor on his corporate register and was in charge of his accounting duties.

(c) From February 1, 2008 to the same year;

3. Until December 28, 200, the instant right to collateral security was cancelled with respect to the remaining apartment units except for the instant 401 among the above joint collateral.

After that, on April 22, 2008, the registration of transfer of ownership was completed on April 22, 2008, and on January 15, 2010, the disposition of prohibition of disposal against I as a creditor was registered, and the prior notice registration was completed on March 11, 2010.

E. On March 10, 2008, when the right to collateral security of this case was revoked, Defendant D filed for registration of ownership transfer on March 10, 2008. On the same day, the debtor was established with the National Bank Co., Ltd., and the maximum debt amount of KRW 15.6 million (hereinafter referred to as the “National Bank”). On July 11, 2008, the right to collateral security (hereinafter referred to as the “K-mortgage”) with the debtor as Defendant D, the mortgagee, K, and the maximum debt amount of KRW 60 million was established, and on January 15, 2010, the debtor as the creditor.

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