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(영문) 서울중앙지방법원 2018.09.07 2018가합511589
원인무효등기말소 등
Text

1. Upon the primary claim to A:

A. The defendant Korea Mortgage Exchange shall set out in the annexed sheet 1.

Reasons

1. Basic facts

A. Each of the real estates listed in the separate sheet 1 and 2 (hereinafter “each of the instant real estates”) is owned by F, and is owned by G, by creditors G against F, an application for provisional seizure against each of the said real estates (Sacheon District Court 2010Kadan2), and completed the registration of ownership preservation for each of the instant real estates on January 21, 2010 upon receipt of a decision of provisional seizure from the above court and on January 26, 2010 by subrogation of F.

B. On January 29, 2010, F entered into a trust agreement on each of the instant real estate (hereinafter “instant trust agreement”) with the Asian Trust Co., Ltd. (hereinafter “Asia Trust”) and completed the registration of ownership transfer on the same day.

C. On April 18, 2011, the Asia Trust sold the instant real estate to the Supportingdic Co., Ltd. (hereinafter “SNC”), and completed the registration of transfer of ownership on each of the instant real estate on June 23, 201.

On June 23, 2011, J.D. again entrusted each of the instant real estate to the Asian Trust, and on the same day, the registration of ownership transfer for each of the instant real estate was completed in the future.

E. Korea Co., Ltd., which is a party payment creditor against F, has filed a lawsuit for revocation of a fraudulent act (Seoul Central District Court 2012 Gohap4261, 2015 Gohap23432 (transfer)) against Asian Trust and support DNA, and accordingly, the final and conclusive judgment was rendered in favor of F. Accordingly, the registration of transfer of ownership as to each of the instant real estate in this case was cancelled on March 9, 2015, and the registration of transfer of ownership as to each of the instant real estate in this case as described in paragraph (d) above (B), and (c) was cancelled on March 17, 2017.

F. Meanwhile, on October 31, 2009, Defendant E filed a lawsuit seeking the registration of transfer of ownership (this Court Decision 2015No. 145199) against F with respect to the real estate listed in the separate sheet 2 list, and received a favorable judgment from the above court on February 17, 2017, by raising a lawsuit seeking the registration of transfer of ownership based on the security agreement on October 31, 2009.

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