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(영문) 서울고등법원 2017.07.20 2016나2067814
전부금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

(a) C Co., Ltd. (Representative Director: Plaintiff Intervenor; hereinafter referred to as “C”);

(2) The Plaintiff is the Plaintiff’s business site and the Plaintiff’s business site. The Plaintiff is the Plaintiff’s business site and the Plaintiff’s business site. The Plaintiff is the Plaintiff’s business site and the Plaintiff’s business site. The Plaintiff is the Plaintiff’s business site and the Plaintiff’s business site.

) On December 31, 1994, the business of constructing and selling the main complex building is to be carried out. On December 31, 1994, the business site of this case was purchased at KRW 17.2 billion and completed the registration of ownership transfer in C, and the real estate trust company of the same day was changed to Co., Ltd. on March 28, 200.

hereinafter referred to as "catert trust":

As a preparatory phase to conclude a land trust contract with a sale-type, once the trust period is from December 31, 1994 to December 30, 1995 (one year) the trust contract for management and disposal (one year to guarantee the performance of obligations or responsibilities to be borne by the truster) stipulated in the "Trust Contract for the purpose of preserving and managing the trust real estate and settling the real estate at the time of default," and accordingly, the registration of ownership transfer was completed on the ground of "trust on December 31, 1994" in the case of the instant project site.

2) On the other hand, around December 1994, C was changed to Dongyang Investment Finance Co., Ltd. (hereinafter referred to as Dongyang Integrated Finance Co., Ltd. on June 25, 1996, and on April 3, 2001, and was dissolved after being merged with Dongyang Securities Co., Ltd. on December 1, 2001.

On December 1, 2001, Dongyang Securities Co., Ltd. was changed to Dongyang Securities Co., Ltd., which was the original trade name again on December 1, 201, and on October 1, 2014, each trade name was changed to Yanyang Securities Co., Ltd.

the merger, regardless of whether it is before or after the merger;

In order to borrow 17.2 billion won from the loan, and to secure the above loan obligation for the same amount.

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