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1. Of the instant lawsuit, against Defendant D Co., Ltd., Defendant E Co., Ltd and Defendant F Co., Ltd. H.
Reasons
1. Basic facts
A. I acquired the ownership of I shall purchase from J (K) land 2659m2 (hereinafter “forest land before division”) land of Ulsan-gun, Ulsan-gun, Ulsan-gun, and completed the registration of ownership transfer on the ground of sale on July 17, 2009 with respect to L forest land before division.
B. On July 21, 2009, H acquired the provisional registration of transfer of ownership by H completed the provisional registration of transfer of ownership (hereinafter “the provisional registration of this case”) on the same day with respect to L forest land, which was divided under No. 64939 from the Ulsan District Court’s receipt of the same day, based on trade reservation on the same day.
C. On April 8, 2010, the Plaintiff received on April 8, 2010 the Ulsan District Court Decision 2010Kahap343 on Real Estate Seizure (the claimed amount of KRW 307,481,000) against the Plaintiff’s decision to recommend reconciliation with respect to I, and the same month.
9. The provisional attachment decision regarding the above forest was registered.
2) The Plaintiff filed a lawsuit seeking the payment of the guarantee claim for the construction price with I as the Defendant, and the Ulsan District Court (2010Gahap5041) on November 16, 2010, “I shall pay to the Plaintiff 307,480,000 won and the interest rate of 20% per annum from July 21, 2010 to the date of full payment.” The above settlement recommendation decision became final and conclusive on December 9, 201 of the same year (hereinafter referred to as “Plaintiff’s claim for the construction price against I”).
(D) D. I’s filing of a lawsuit for cancellation of the provisional registration of this case, the Plaintiff’s application for commencement of compulsory auction, etc.) I filed a lawsuit against H with H seeking the implementation of the procedure for cancellation registration of the provisional registration of this case. On January 21, 2011, the first instance court (Ulsan District Court 2010Da1554) stated that “I’s promise to sell and purchase the instant provisional registration of this case on July 21, 2009, constitutes a disposal of important assets of I without a lawful and effective resolution of the board of directors” is invalid.