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(영문) 서울중앙지방법원 2020.08.20 2019가합582373
출자지분명의개서 등 청구
Text

1.(a)

On the list of members of the defendant F limited liability company, the shares in the attached list in the name of the defendant G limited liability company are 40.

Reasons

1. Facts of recognition;

A. The status of the parties (1) Defendant F limited company (hereinafter “limited company”) or “stock company” is a limited company established to engage in real estate development, sale, lease, etc.

(2) Of the total 100,000 shares of Defendant F, the total 49,00 shares of Defendant F (49% shares) hold 17,00 shares, Plaintiff B, and C respectively, 10,00 shares, Plaintiff D D 4,00 shares, and Plaintiff E 8,00 shares.

The remaining 51,00 shares are held by I (49,00 shares) and J (2,00 shares).

(3) K, Defendant G, and H (hereinafter “DefendantL”) are special-purpose corporations established in order to carry out the project financing loan by means of asset-backed loans (as set forth in two set Baked Lan and trust beneficial rights as collateral) in the course of raising Defendant F’s business funds.

B. The trust contract and the first loan (1) Defendant F entered into a management-type land trust contract with O on June 23, 2015 with regard to the instant project site, as the executor of the construction of complex facilities, such as officetels, commercial facilities, hotels, and ices, of the 49th above the 7th ground above the 7th ground below, in Busan-gu M. (hereinafter “instant project”).

O around that time designated Defendant L et al. as priority beneficiary.

(2) Defendant L et al. obtained a loan of a sum of KRW 254 billion from financial institutions in its own name by asset-backed securitization lending (hereinafter “first loan”) and paid the same to O as the payment of charges for the designation of beneficial rights.

C. On June 23, 2015, Defendant F’s investors, including the Plaintiffs, concluded a contract for transfer of security between Defendant F’s (1) and Defendant L, etc., a borrower of the first loan agreement, to provide their contribution shares as security for the first priority right as security for the first priority right.

The “instant transfer security agreement” is called “A” and No. 7.

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