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1. As to the Plaintiff’s KRW 10.84 billion and its KRW 6.599 billion among them, the Defendant shall from February 5, 2008 to June 10, 2010.
Reasons
1. Basic facts
A. The party status C is the actual management owner of Company E (the corporation is omitted when indicating the person related to the case that is a corporation affiliated with D Group E (hereinafter referred to as “instant affiliate”), F, G, and H, and I is the E representative director as the birth of C.
J is the representative director of the plaintiff and K, and L is the actual management owner of M and N, and O is the actual management owner of plaintiff, P, Q and R.
E is the former owner of the Seocho-gu Seoul Metropolitan Government land and its ground T hotel (hereinafter referred to as the “instant hotel”) on the land and its site outside Seocho-gu, Seoul, and U (hereinafter referred to as “U”) is a person who has been awarded a successful bid for the instant hotel, and M is a person who has acquired U’s stocks.
B. On September 16, 1994, E completed the registration of creation of a mortgage (the first priority number 1,2,3,400,000 won) with respect to the hotel of this case by setting the debtor G, etc. and the maximum debt amount of 44.9 billion won with respect to the hotel of this case on September 16, 1994.
(B) On December 23, 1994, the 3/10 portion of the hotel site of this case completed provisional registration on October 16, 1994 on the right to claim ownership transfer registration based on trade reservation. Among them, the provisional registration on November 6, 1997 with respect to the remaining 7/10 portion was transferred in sequence to X on May 11, 2005 and F on November 8, 2005.Y completed provisional registration on November 16, 1994 on the right to claim ownership transfer registration based on trade reservation. The provisional registration was completed on October 16, 1994 on the right to claim ownership transfer registration on each of the above provisional registration to X on May 11, 2005 and the remaining 7/10 portion, in sequence to F on November 16, 2005.
(C) The D Group goes bankrupt on September 9, 1996, and on September 9, 1996, upon the application for commencement of the auction of real estate for the instant hotel, U has commenced the auction procedure for the instant hotel on October 25, 2005.