채무부존재확인
1. The plaintiffs' motion to intervene in the lawsuit of this case and the independent party intervenor respectively.
2. Of the costs of lawsuit.
1. Facts of recognition;
A. The relevant plaintiffs are creditors of the Nice Global (hereinafter “Nice Global”), and the defendant is the second-class beneficiary under the trust contract (hereinafter “instant trust contract”) entered into by the Nice Global in entrusting the instant real estate to the Asian Trust Co., Ltd. (hereinafter “Asia Trust”).
B. 1) The Plaintiff A received a seizure and collection order as to each of the claims for benefit from trust principal and trust proceeds based on the instant real estate trust agreement, which was issued by the Jeonju District Court 2016j3489, based on the executory order for the instant real estate trust by the Jeonju District Court 2016j3489, which was issued by the Jeonju District Court 2017TTB, with respect to Asian trust. 2) The Plaintiff B received a seizure and collection order against the former Jeju District Court 2017TTT368 based on the executory order for the instant real estate trust case No. 2017j719.
C. On May 12, 2015, the Nice Global entered into the instant trust agreement with the Asian Trust with the content that the trust period of the instant trust property owned by the Nice Global is set as “five years from the date of the registration of the trust” and that it is entrusted to the Asian Trust. (2) Under the instant trust agreement, the first beneficiary is described respectively as the subordinate Agricultural Cooperative (the maximum amount of profit-making 3,250,000,000) and the second beneficiary as the Defendant (the maximum amount of profit-making 6,00,000,000).
3 Asian Trust completed settlement by selling the instant trusted on November 21, 2016, and paying the proceeds to the Busan Agricultural Cooperative, the first priority beneficiary, as the proceeds of the sale.
However, with respect to the second priority beneficiary, the final settlement shall be deferred on the grounds of the failure to submit documents related to the settlement of the second priority beneficiary and the related cases of the Jeonju District Court 2018Kadan4828.