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(영문) 서울중앙지방법원 2018.05.31 2017가합555650
대지권지분권이전등기 등
Text

1. Defendant K Co., Ltd. shall each share in the attached Table 3 among each land listed in the attached Table 1 list to the Plaintiffs.

Reasons

1. Determination as to the claim against Defendant K

(a)the reasons for the claim are set out in Appendix 4;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant J

A. Basic facts 1) Defendant K purchased each of the instant lands from Nonparty L on November 4, 2008, and completed the registration of ownership transfer on November 14, 2008. 2) Defendant K obtained a building permit to construct a new 1st unit of underground and a 12 unit of apartment house with 4th unit of ground (hereinafter “instant apartment house”) on each of the instant lands on May 2009, and commenced the said new apartment construction work.

3) On August 10, 2010, Defendant K and M, Inc., N, and P Co., Ltd. entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant J as to their own land with the first PCo., Ltd., the second P Co., Ltd., Q, Q, third R, and fourth S Co., Ltd., and on August 11, 2010, Defendant K had completed the registration of ownership transfer (hereinafter “instant trust registration”) under Article 87163 of the receipt of the Gangnam-nam registry office of the Seoul Central District Court on August 11, 2010 with respect to each of the instant land to Defendant J. 1, 2013. After completing the registration of ownership preservation in its name on October 30, 2013 on the instant tenement, Defendant K filed an application for a compulsory auction for the said real estate with U.S. district court, which is the creditor of Defendant K, for compulsory commencement of auction on June 16, 2015.

5) On June 29, 2006, the Plaintiffs received a successful bid for the instant row in the said compulsory auction procedure and shared it according to each share stated in the separate sheet No. 3 attached hereto. [Grounds for recognition] There is no dispute, and each entry in the evidence No. 1 through No. 5 (including numbers, if any, if any), is included in the statement No. 1 through 5

B. At the time of the instant trust registration, the instant tenement house had already been asserted as to the Plaintiff’s cause of claim.

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