beta
Text
1. Of the judgment of the court of first instance, the building on the exclusive part of the attached Table 2, No. 409, No. 472, Dec. 172, 199
Reasons
1. The scope of this court’s trial and the Plaintiff’s succeeding intervenor claimed against the Defendants each of the buildings indicated in the “Indication of the Building on the Section for Exclusive Use” column of the attached Table 2 in the first instance trial (hereinafter “each of the buildings of this case”). The Plaintiff’s claims against the Defendants are all dismissed, and the Plaintiff’s claims against the Defendants against the Defendants were accepted.
As to this, the plaintiff did not appeal, and only the defendants appealed against the appeal. Since only the appeal filed by the defendants against the plaintiff succeeding intervenor is within the scope of the judgment of this court, the decision is made only on this part.
2. Basic facts
A. A Co., Ltd. (hereinafter “A”) newly built “G apartment” on five parcels, including F of the Busan Annual Zone F, and the above apartment was registered on June 23, 2005 under the name of A according to the decision of provisional seizure against real estate by an obligee, pursuant to the Busan District Court Decision 2005Kadan1305, which was applied by the obligee, pursuant to the provisional seizure against real estate.
Each of the instant buildings was modified on March 10, 2009 by the International Asset Trust Co., Ltd. (hereinafter “International Trust Co., Ltd.”) on the grounds of the real estate security trust agreement (hereinafter “instant trust agreement”) on June 24, 2008, and the mutual name was changed to an International Asset Trust Co., Ltd. (hereinafter “Plaintiff’s Intervenor”) again on March 20, 2014.
B. A around July 1, 2009, confirmed that the construction cost to be paid by A is KRW 3,085,384,847 with respect to each of the instant subcontracting construction business operators (hereinafter “instant subcontracting construction business operators”), and that the instant subcontracting construction business operators agreed to occupy and manage the instant building (hereinafter “instant agreement”).
C. Meanwhile, on October 16, 2009, A applied for commencement of rehabilitation procedures by the Changwon District Court 2009hap71, and decided to commence rehabilitation procedures on November 18, 2009 from the above court, and July 26, 2010.