logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.10.07 2015나508
명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. E and the Defendant’s business agreement 1) The Defendant established a limited liability company to conduct the same business with investment of KRW 200 million from D while engaging in the business of manufacturing and selling fish, and the Defendant was to operate the same business with investment of KRW 200 million from D. The instant real estate and each of the real estate listed in the attached Table 2 (hereinafter collectively referred to as “the instant real estate”).

A) After completing the registration of ownership transfer in the name of D with respect to the real estate of this case, the ownership transfer in the name of D was completed on June 15, 200 with respect to the real estate of this case as security, and accordingly, it was terminated on December 31, 2001.

3) Around February 2002, the Defendant concluded a partnership business agreement with E and took office as the representative director of E on February 26, 2002, and the Plaintiff, the husband of E, was appointed as director. B. Lease and subrogation to the Defendant of E, and security agreement 1) E and the Defendant’s transfer of security interests agreement 181 million won out of the amount invested by D around that time. The Defendant completed the registration of transfer of ownership in the name of the Plaintiff with respect to the instant secured real estate in order to secure the repayment claims, such as the above money, and the Defendant completed the registration of transfer of ownership in the name of the Plaintiff.

2) Upon cancelling the partnership business agreement on March 21, 2002, the Defendant and E agreed to KRW 319 million (i.e., KRW 181 million paid to D) with the Defendant’s loans of KRW 98 million with the Defendant’s operating capital, and the Defendant again entered into a partnership business agreement with D. (iii) thereafter, the Defendant paid the said money and borrowed the said money at the time of the end of December 2003, and the amount to be repaid at KRW 237,741,64.

C. After the Plaintiff and the Defendant’s dispute over the instant registration of transfer of ownership, the Defendant’s registration of transfer of ownership in the name of the Plaintiff lost its validity as a security for transfer upon full repayment of the secured debt, the transfer registration procedure based on the restoration of real name should be implemented.

arrow