beta
(영문) 서울고등법원 2017.06.14 2017나2003725

인수금

Text

1. The plaintiff's appeal is dismissed.

2. All the primary claims and ancillary claims added by the plaintiff in this Court.

Reasons

1. The reasoning for the court’s explanation in this part is as follows, except for the addition of the following contents between the fourth and twenty-six (25) of the judgment of the court of first instance, and the corresponding part of the reasoning of the judgment of the court of first instance is the same. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

In addition, Article 1 of the Agreement provides, “On the other hand, I agree with the basic terms and conditions of the agreement to be concluded between the National Bank, the Korea Asset Trust, and the Defendant,” and the Agreement provides, “The Additional Terms and Conditions in this case shall be the National Bank, the Defendant, and the Korea Asset Trust” (hereinafter referred to as the “Additional Terms and Conditions in this case”).

A. Attached Form 1 shall be attached.

On the other hand, Article 4 (A) of the instant Additional Agreement.

After the completion of the principal and interest of a national bank's loan, the Korean Asset Trust provides that the first defendant shall submit to the National Bank a written waiver of the right to benefit with respect to the unsold goods in lots and site ownership, and that there is no consent to this Agreement and no claim for proceeds from the business and any other right to benefit with respect to this project, and that there is no claim for the settlement of funds under the agency contract and trust agreement with respect to this project, and that the executor shall implement the procedures for the registration of ownership transfer of each sectional ownership to the third party designated by Eas or Eas, in consideration of the efforts related to the implementation of the project as the executor after he has received the unsold goods in lots in the attached Form 4, and there is no right related to the trust contract, agency contract, or other business, and no objection is raised with respect to all acts of the National Bank under the agency contract, loan agreement, the defendant, and the Korea Asset Trust.

The Additional Agreement stipulates that "the national bank, the defendant, and the Korean Asset Trust mentioned as a party" are not affixed to the Additional Agreement.