beta
Text
1. The Plaintiff:
A. Defendant C Co., Ltd.: 422,171,978;
(b) Defendant F 348,361,690 won;
C. Defendant I is Defendant F.
Reasons
1. Basic facts
A. On November 23, 2010, A Co., Ltd. (hereinafter “Bankruptcy Company”) completed registration of preservation of ownership in the name of the real estate listed in the separate sheet (hereinafter “instant building”) and operated a J hotel. On October 25, 2012, the company was declared bankrupt by the Gwangju District Court 201Hau10, and the bankruptcy proceeding is underway, and the Plaintiff is the bankruptcy trustee of the Bankruptcy Company.
B. The creditors of the bankruptcy company who participated in the new construction of the building of this case and did not receive the claim for the construction price, were established on January 18, 2012 at the 1, 2012, as the creditors of the bankruptcy company, a net J Hotel Credit Council for the purpose of recovering the claim for the construction price.
C. On April 25, 2011, the bankrupt company entered into a real estate disposal trust agreement with Asian Trust Co., Ltd. and beneficiaries as bankrupt company, and completed the registration of ownership transfer on April 26, 201, in the name of Asian Trust Co., Ltd., and revoked the registration of ownership transfer on April 5, 2012.
In order to secure the claim for construction cost on March 14, 2012, the Credit Council of this case concluded a trust contract and mortgage contract with the bankrupt company on the building of this case, and completed the registration of ownership transfer and the registration of the establishment of a mortgage with the maximum debt amount of KRW 13.6 billion on April 25, 2012.
E. From September 1, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) occupied the 9 to 16th floor of the instant building and operated J hotel.
On August 20, 2012, Defendant F, an auditor of the bankrupt company, entered into a lease agreement with the bankrupt company on the 17th floor of the building in this case, and run a scar in the place, and Defendant F, an employee of the bankrupt company, entered into a lease agreement with Defendant F on August 31, 2012 on the 3th and 45th floor of the building in this case with the bankrupt company, and then a wedding hall is held at that place.