Whether the right to claim cancellation of provisional registration constitutes a reorganization claim under the Company Reorganization Act.

Reorganization claim under the Company Reorganization Act refers to a claim arising from a cause arising before the commencement of reorganization proceedings is decided, and a claim for cancellation of provisional registration of claim for transfer of ownership for security is a real right claim seeking cancellation of provisional registration which is not consistent with the substantive relations based on ownership, based on the reason that a provisional registration security right has ceased to exist due to the repayment of a secured claim.

Article 102 of the Company Reorganization Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 10 others (Law Firm Han, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellee)

Plaintiff

Seoul High Court Decision 201Na14148 delivered on May 2, 201

Daegu District Court Decision 93Na16121 delivered on April 15, 1994

The appeal is dismissed. The costs of appeal are assessed against the defendant.

1. Regarding ground of appeal No. 1

The court below held that the plaintiff was entitled to 40,000,000 Won which was requested by the non-party 2 to design the plaintiff's company's house in Gwangju Master's Housing Co., Ltd. (the non-party 2 was merged into Gwangju Master's Housing Co., Ltd.; hereinafter the non-party company; hereinafter the same shall apply) and completed the design, but it was not possible to obtain the construction permit. Thus, the plaintiff could not obtain the construction permit. Thus, the plaintiff returned the non-party 2,00,000 won out of the above advance payment to the non-party company, and first agreed to return the amount of 2,00,000,000 won to the non-party company, and the remaining amount was borrowed from the non-party company without interest, and then the provisional registration of the right to claim ownership transfer was completed for the non-party company's real estate of this case, which was its own collateral, but all of the above debt was paid around October 1983.

2. Regarding ground of appeal No. 2

The court below held that the claim of this case is not a reorganization claim since the defendant's "the non-party company was ordered to commence the company reorganization procedure after it was ordered to commence the company reorganization procedure, and the plaintiff failed to report the claim until the date specified in the above decision, and the claim of this case was invalidated as to the non-party company. The plaintiff did not report the right to cancel the above provisional registration as a reorganization claim, but the reorganization claim under the Company Reorganization Act refers to a claim in claim arising from the cause before the decision to commence the reorganization procedure was made, and the claim of this case is a real right to seek cancellation of provisional registration inconsistent with the ownership, based on the ground that the above provisional registration security right was extinguished due to the repayment of the secured claim. The judgment of the court below is justified, and there is no error of law in the misapprehension of legal principles as to the reorganization claim such as the theory

3. Accordingly, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)