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(영문) 부산지방법원 2015.08.27 2014가합45808 (1)
말소등기의 회복등기등 청구
Text

1. The plaintiffs' debtor is declared bankrupt who is the receiver D of the main industry development corporation.

Reasons

1. Basic facts

A. 1) The registration of the establishment of a mortgage in the name of the plaintiffs was completed; 1) The main industry development corporation prior to bankruptcy and the commencement of rehabilitation procedures (hereinafter referred to as the "main industry development" in the aggregate of the above companies before and after the commencement of bankruptcy and rehabilitation procedures

(2) On the 5th parcel outside Busan, Busan, the apartment of the 15th and the 2nd underground floor (hereinafter referred to as the “instant apartment”) is called the “instant apartment site” and the site is called the “instant apartment site.”

In accordance with the Busan District Court Decision 2005Kadan13305 on the provisional seizure of real estate, which was made on June 23, 2005, the registration of preservation of ownership of the apartment of this case was completed on the ground of the application by the Busan District Court 2005Kadan1305, the creditor without obtaining approval for the use of the main industry. 2) The plaintiffs were granted each registration of establishment of the claims as to each of the real estate listed in the separate sheet on August 3, 2005 (hereinafter referred to as the "each of the claims of this case") from the main industry development in order to secure each of the above loan claims while lending money for the development of the main industry (hereinafter referred to as the "each of the claims of this case").

(hereinafter referred to as “the establishment registration of each of the instant establishments”) B.

The main development of the real estate security trust with respect to each of the instant real estate in the Jeju Industrial Development was changed into an international asset trust company (the trade name was changed to an international trust company on March 10, 2009, and to an international asset trust company on March 20, 2014; hereinafter “Defendant International Asset Trust”) and most of the instant apartments including the instant real estate and its site were entrusted to the Defendant International Asset Trust to the Defendant International Asset Trust, and entered into a real estate security trust agreement with the first beneficiary designated as G and four persons (the said real estate security trust agreement changed later to the said one), and on June 24, 2008, the said apartment and its site were subject to the said trust.

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