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(영문) 서울중앙지방법원 2016.10.21 2015가합572064

손해배상 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. 대한리츠 주식회사(이하 피고를 포함하여 ‘주식회사’라는 명칭은 생략한다)는 부산 강서구 명지동 일대에 퀸덤아파트(이하 ‘이 사건 아파트’라 한다)를 신축하여 분양하는 사업을 시행한 시행사이다.

On November 24, 2005, Haniz entered into a loan agreement with financial institutions, such as Defendant National Bank, Nonghyup Bank, and Korea Bank, and with respect to the construction and sale of the apartment of this case, to cover KRW 300 billion, and received a loan of KRW 270 billion.

B. On July 16, 2009, Hani-do concluded a multiple real estate security trust agreement with respect to the apartment of this case by entering into a real estate trust agreement with respect to the real estate of this case with the following contents in order to secure the above loan obligation.

1) The first truster and the debtor under the instant trust contract: The first beneficiary of the trust principal and the trust proceeds: The second beneficiary of the trust principal and the trust proceeds of Korea-style real estate trust: the National Federation of Fisheries Cooperatives; the National Federation of National Federation of Korea; the first truster and the debtor of the second trust contract of this case; the first beneficiary of the trust principal and trust proceeds of Korea-U.S. trust: the second beneficiary of the trust principal and trust proceeds of Korea-U.S. Bank: the second beneficiary of the trust principal and trust proceeds of Korea-U.S. Bank; the second beneficiary of the trust principal and trust proceeds of Korea-U.S.; the third beneficiary of the trust principal and trust proceeds of Korea-U.S. Bank; the National Federation of Korea-U.S.; and the eleven

C. On December 30, 2010, Defendant South Korea Bank transferred the above loans and all rights incidental thereto to Korea-U.S. limited companies specializing in camping and investment-backed securitization, and notified Korea-U.S. on January 6, 201.

On December 3, 2014, a limited liability company specializing in camping 200s and investment-backed securitization is the Plaintiff.