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(영문) 서울고등법원 2016.05.03 2015나2046384
소유권이전등기
Text

1.Paragraph 1 of the order of the judgment of the first instance, including the modification of claims in the trial, shall be amended as follows:

Reasons

1. Basic facts

A. Co., Ltd. 1) Co., Ltd. (hereinafter “Co., Ltd.”), Co., Ltd. (hereinafter “Co., Ltd.”).

M Co., Ltd. (hereinafter referred to as “M”) that has been engaged in real estate development and enforcement business.

A) Loans claim M with respect to A appears to have been loaned KRW 5 billion from No. 30 billion from AFC. To secure B, it is deemed to have been loaned KRW 2,050,000 on January 8, 2008, as Q and R owned by Q and R (hereinafter “S land”).

(C) 981m20,000 square meters prior to T (hereinafter “T land”).

3,651 square meters in U Miscellaneous land (hereinafter “U land”)

2) As to the land before the instant subdivision, V miscellaneous land is 1,668 square meters (hereinafter “V land”), and the land and total land of the said three parcels are “land before the instant subdivision.”

(2) On April 1, 2006, at the time of the debtor’s establishment of WM, M had been serving as an auditor from April 4, 2006. The registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 3.366 million was completed, and on April 11, 2008, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 980 million was completed with respect to the land prior to the subdivision of this case, and on January 15, 2010, the remaining U and V were added to the land prior to the subdivision of this case as joint collateral. The registration of the establishment of a neighboring mortgage with respect to the land prior to the subdivision of this case was completed by using the debtor’s X and the maximum debt amount of KRW 1.96 million from April 4, 2006 to December 28, 2006, by using Q&300,000 won as the representative director or the maximum debt amount of KRW 808,5000,0000.

B. On April 19, 2010, the Plaintiff, including the conclusion of a contract between the Plaintiff and M, on the ground of the land before subdivision from M.

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