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(영문) 서울중앙지방법원 2018.03.27 2016가단5293458

전부금

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. (1) On April 10, 2015, the instant trust agreement was concluded with the Defendant and the management-type land trust agreement (hereinafter “instant trust agreement”) with a view to carrying out the business of constructing and selling a new building, such as retail market, on the ground of 3,148.70 square meters in Seongbuk-gu, Sungnam-si.

(2) Under the instant trust contract, as the first priority beneficiary, a total of nine financial institutions, such as the Forest Savings Bank, as a joint beneficiary, are designated as a corporation with the second priority beneficiary, and a franchise as a corporation with the third priority beneficiary.

B. (1) The Plaintiffs filed an application with the non-party company for a payment order claiming the return of the termination of the contract against the non-party company. The payment order was issued and confirmed as follows: “The non-party company shall pay the Plaintiff KRW 39,189,590, KRW 50,000, and KRW 20% interest per annum from the day after the delivery date of the payment order to the day of complete payment.”

[Plaintiff A: The Gwangju District Court 2015 tea4502; the fixed date: August 13, 2015; Plaintiff B: the Seoul Central District Court 2015 tea43127; and the fixed date: October 3, 2015] (2) Based on the original copy of the above executory payment order, the Plaintiffs were ordered to attach claims against the Defendant of the non-party company (hereinafter “the entire claim of this case”) as follows; and the above seizure and assignment order became final and conclusive after each was delivered to the Defendant.

Plaintiff

A Claim Amount: 39,812,336 won (Seoul Central District Court 2015TTT2023, 2023 December 22, 2015): 4,742,280 won (Seoul Central District Court 2016TTT 6541, 200: 6 May 6, 2016): Plaintiff B’s claim amount: 51,753,184 won (Seoul Central District Court 2015TT 25433, 2543, 2015: 22 December 22, 2015): All trust proceeds and principal paid by the Defendant to the non-party company that is a subordinate beneficiary under the trust contract concluded between the non-party company and the Defendant under the trust contract between the non-party company and the Defendant.