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(영문) 서울중앙지방법원 2014.08.29 2013가합12216
회생담보권조사확정재판에 대한 이의
Text

1. The Seoul Central District Court shall authorize the final inspection judgment on the rehabilitation security right as of January 8, 2013, 2011 and 719.

2...

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) promoted the instant project (hereinafter “C”) intended to carry out the project (hereinafter “instant project”) that constructed and sell condominiums in Quak Qua Qua, Inc., the project implementer of which owns 38% of its issued stocks, and that he/she owns D (hereinafter “D”).

B. C on April 1, 2008, in order to carry out the instant project, the structure and implementation of the loan for the instant project 1) C is the Bank of Korea (hereinafter “Korea Bank”).

(1) The instant business and loan agreements (hereinafter “instant business and loan agreements”) were concluded with the Plaintiff, etc., and according to the said business and loan agreements, financial institutions including our banks (hereinafter “Korean banks, etc.”)

) The Fund, the indirect investment fund (hereinafter “E Fund”), as the indirect investment fund, is jointly invested to create “the Fund” and the National Agricultural Cooperative Federation (hereinafter “the Agricultural Cooperative Federation”).

(1) The Fund trustee company and the Daol Real Estate Asset Management Co., Ltd. (hereinafter “Daol Real Estate Asset Management”).

(2) According to the instant business and loan agreement, the NAF loan of KRW 25 billion was executed on April 1, 2008, the NAF loan of KRW 25 billion (hereinafter “the instant PF loan”), and the NA re-loan of KRW 25 billion to D, and the NA, etc. acquired the beneficiary certificates of the instant fund.

3) And C’s loan obligations to C’s Federation (hereinafter “instant PF loan obligations”).

As a material security for A, C transferred its credit to the NAF, and ② D.

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