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(영문) 서울고등법원 2018.10.11 2017나2060803
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including costs incurred by participation in the appeal.

Reasons

1. Basic facts

A. The defendant is a company engaged in the asset-backed securitization business regarding the establishment, operation, etc. of commercial papers programs by purchasing assets such as securities and issuing or exchanging commercial papers based on such assets and paying commercial papers with profits from the management, operation, and disposal of such assets. The defendant is entrusted with business from D Co., Ltd. on April 19, 2006 and the debtor is a F Co., Ltd. (hereinafter "F").

2) On December 31, 2009, as of December 31, 2009, purchased 143 billion won as PF lending claim (asset-backed loan claim) and issued commercial papers (CPB) as an underlying asset. 2) AS owns 11.6% and 100% of F’s issued stocks, respectively, as of December 31, 2009.

F owns 39% of the shares issued by the Intervenor joining the Defendant as of the same day.

The Intervenor joining the Defendant purchased land from the financial institution from around 2004 to around 2006, which was a company running a housing construction business, with a view to promoting an urban development project that constructs and sells apartment units on the land located in Osan City G (hereinafter “instant urban development project”).

The implementer of the above urban development project is F.

3) The Plaintiff is a person who has completed the registration of ownership transfer as to each of the instant lands as described in the following B. B. The Plaintiff is a person who completed the registration of ownership transfer as to each of the instant lands. (B) On November 7, 2006, from the 2,638 square meters of P field No. 1 in Osan City prior to the partition of each of the instant lands, Qua 1,319 square meters was divided into P field No. 10, Nov. 10, 2009, and became the land No. 1 in this case. The owner was H, but the ownership transfer registration was completed on January 5, 2004 under the trustee I’s name on February 4, 2004, again to H on December 7, 2006.

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