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(영문) 창원지방법원 2016.11.03 2015가단19592
배당이의
Text

1. Of the distribution schedule prepared by the said court on September 23, 2005 with respect to the distribution procedure case in the Changwon District Court C, the above court against the defendant.

Reasons

1. Basic facts

A. From 2011 to 505.80m2, the Defendant (former company D: representative director E) started the project of constructing an urban-type residential housing on the ground of the Fandong-gu Busan Metropolitan City F. F. 505m2, and an officetel on the nine-story above ground. The project was discontinued due to the lack of funds (hereinafter “instant project”), and the said project site and new building were “the instant land and the instant building” or “the instant real estate” if the said project were to be “the instant land and the instant building.”

(2) A (former representative director) around February 7, 2013, G (former representative director) acquired all assets including Defendant corporation and construction business license, and decided to conduct the instant business. On February 14, 2013, the Defendant’s intra-company director and representative director were appointed.

3) The Plaintiff (the representative of H) received a proposal from G to “to settle the investment amount and profit after completion of the building if it invests funds necessary for the instant project,” and took charge of exercising the instant real estate ownership in order to secure it. However, the Plaintiff (the representative of H) decided to transfer the ownership of the instant real estate to secure it, and that G will take charge of practical affairs such as enforcement and construction. However, H acquired the ownership of the instant land on May 6, 2013 and acquired the ownership of the instant building that was newly constructed on June 30, 2013, and entered into a contract on July 1, 2013 to entrust the Defendant with the remaining construction. Around that time, G invested funds equivalent to KRW 400 million in total, including payment of KRW 42 million to E in lieu of the amount to be settled.

5 The Defendant completed the instant building on or around January 2014, and H was approved for use on February 3, 2014 by the same year.

4.5. Completion of registration of initial ownership.

B. On August 20, 2013, H Co., Ltd. with business funds entered into a loan agreement with Busan Pharmaceutical Credit Union (hereinafter “Pharmaceutical Credit Union”) as security for the instant real estate.

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