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(영문) 대구지방법원김천지원 2015.11.19 2014가단13842

구상금독촉사건

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1. The Defendant’s KRW 876,605,962 as well as 5% per annum from September 23, 2014 to November 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a real estate trust agreement and entered into a trust agreement with one bank on November 30, 2007 and completed the registration of ownership transfer for the instant project site due to trust in the future of the Han Bank on the same day, in order to carry out the business of constructing and operating golf courses on the land, Kimcheon-si B, etc. (hereinafter “instant project site”).

The contents of the above trust agreement are as follows: (a) the Defendant, as the trustor and the beneficiary, entrusted the instant project site to the Han Bank; (b) set a preferential right to benefit, one bank, etc., which is a loan creditor of the business fund; and (c) if the Defendant fails to perform the loan obligation, the trustee disposes of the trusted real estate at the request of the first beneficiary, appropriated the proceeds to pay the loan obligation

Since then, each of the buildings listed in the separate sheet, such as golf club clubs (hereinafter “instant golf club building”) was newly constructed in the instant project site. On July 12, 2012, the Defendant concluded a trust contract with Han Bank, and completed the registration of ownership transfer in the future of Han Bank on July 13, 2012.

(B) The instant project site and the instant golf course building are collectively referred to as “instant real estate,” and each trust contract with respect thereto is referred to as “instant trust contract”).

On July 9, 2012, light AWD Co., Ltd. (hereinafter “Korea LAWD”) filed an application for compulsory auction on the instant golf course building with the Daegu District Court Kimcheon-Support C, and rendered a decision of compulsory auction on July 9, 2012.

On July 12, 2012, the defendant is a single bank, a stock company, a new savings bank, and a new savings bank.