logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.24 2014가단170013
소유권이전등기말소 등
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. The facts under the basis of the facts below are either in dispute between the parties or acknowledged by considering the whole purport of the arguments in each entry in Gap 5 and Eul 1.

A. On June 28, 1995, the Plaintiff sold the attached list building (hereinafter “instant building”) which is an apartment-type factory sold in Sungnam-si, and completed the registration of transfer of ownership as the receipt No. 552999 on June 28, 1995, for the Suwon District Court’s Sung-nam Branch Branch Branch Office (hereinafter “instant building”).

B. As to the building of this case, the registration of transfer of ownership in the name of Nonparty C (hereinafter “Nonindicted School Foundation”) was completed due to the donation from February 13, 1997 by the above registry office No. 18591, Feb. 13, 1997, as to the building of this case.

C. On July 29, 2003, upon the application of Nonparty D, the creditor of the non-party educational foundation, the decision of commencing compulsory auction (hereinafter “instant compulsory auction”) with respect to the instant building was made (Ywon District Court Sungnam Branch E).

Defendant B paid KRW 358,100,000 for the proceeds of sale after being awarded a successful bid for the instant building in the process of compulsory auction by official auction, and completed the registration of ownership transfer by the above registry office as of September 9, 2004.

E. Defendant B is an operator of Nonparty F Co., Ltd. (hereinafter “F”), and the instant building is used as a manufacturing factory of F.

In order to secure F’s loan obligations of financial institutions, Defendant B created each of the instant buildings: (a) No. 68646, Aug. 28, 2009; (b) the right to collateral security, the maximum debt amount of which is KRW 240,00,000,000,000,000 for the National Federation of Mortgage; (c) the right to collateral security, the right to collateral security, the maximum debt amount of which is KRW 12,00,000,000,000 won, and the right to collateral security, the Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”); and

[On the other hand, the right to collateral security in the name of the agricultural cooperative with respect to the building of this case has been amended by Act No. 10522 on March 31, 2011 to the defendant Nonghyup Bank.

arrow