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(영문) 서울중앙지방법원 2016.04.06 2015가합563961
소유권이전등기말소 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 14, 2008, C (the representative D; hereinafter “C”) purchased each real estate listed in the separate sheet from the National University of Korea (hereinafter “instant real estate”) and completed the registration of ownership transfer regarding the instant real estate on the same day. In the process, C (the “C”) obtained a loan of facility funds equivalent to KRW 4.9 billion from the National Federation of Fisheries Cooperatives (hereinafter “the National Federation”) on May 14, 2008, upon entering into a bilateral agreement with the Suhyup District Court of Daegu on May 14, 2008, and completed the registration of creation of a collateral security agreement (the maximum debt amount of KRW 6,370,000,000 and the debtor and the beneficiary and the beneficiary of the collective security (hereinafter “mortgage 1”) with respect to the instant real estate on May 14, 2008.

B. In addition, C concluded a mortgage agreement with E on May 14, 2008 with respect to the instant real estate, and completed the registration of the creation of a mortgage (hereinafter “instant second collateral mortgage”) with the Daegu District Court under the receipt of No. 26274 on May 14, 2008 as the maximum debt amount of KRW 750,000,000, the debtor D and the mortgagee E (hereinafter “instant second collateral mortgage”).

After that, on September 6, 2010, E transferred F the status of the second collateral mortgagee, and completed the registration of collateral security on September 7, 2010, and F transferred F the status of the second collateral mortgagee on August 20, 2012 and completed F the registration of collateral security on September 20, 2012.

C. On June 12, 2008, the Plaintiff prepared the articles of incorporation with the real estate of this case as its fundamental property and obtained permission for establishment of a medical corporation from the Gyeongbuk-do Governor, the competent authority, and completed the registration of ownership transfer as to the real estate of this case on the same day after receiving a donation from C on June 16, 2008.

After that, on November 13, 2009, the Plaintiff acquired the status of the obligor under the contract to establish the first collateral security contract of this case.

The Plaintiff is a stock company on September 29, 2009 with respect to the instant real estate.

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