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1. The defendant (Counterclaim plaintiff) and the defendant D Co., Ltd. are about the real estate stated in the attached Table to the plaintiff (Counterclaim defendant).
Reasons
1. Basic facts
A. 1) The F Co., Ltd. (hereinafter “F”) prior to bankruptcy and rehabilitation proceedings commenced prior to the commencement of the registration of the establishment of a mortgage in the name of the Plaintiff.
(1) The apartment of the 15th floor and the 2nd floor underground (hereinafter “instant apartment”) on the 5th floor outside Busan-gu G, Busan-gu, and the site is “the instant apartment site”.
In accordance with the Busan District Court Decision 2005Kadan13305, Jun. 23, 2005, the registration of preservation of ownership of the apartment of this case was completed on June 23, 2005 at the request of H Co., Ltd., the creditor without obtaining approval for use. 2) I had a loan claim against F (hereinafter “the credit of this case”).
F on July 8, 2005, the F completed on July 8, 2005 the registration of the establishment of a neighboring real estate as indicated in the separate sheet (hereinafter “instant real estate”).
(3) On January 4, 2007, I transferred the instant bonds and the instant real estate to the Plaintiff. On January 5, 2007, I completed the registration of transfer of the instant mortgage on the ground of the transfer of contract in the Plaintiff’s future. B. F’s real estate trust fund on the instant real estate, etc. was respectively changed into J Co., Ltd. (K Co., Ltd. on March 10, 2009, and JJ Co., Ltd on March 20, 2014.
hereinafter referred to as “J”
(B) The instant apartment including the instant real estate and its site were entrusted to J and entered into a real estate security trust agreement with the first beneficiary designating the first beneficiary as L and four persons (after the change of the said real estate security trust agreement, the first beneficiary became 22 persons.
On June 24, 2008, F had completed the registration of ownership transfer under the name of J as to the above apartment and its site.
(c) with respect to F;