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(영문) 서울중앙지방법원 2019.06.14 2018가합525755

정산금 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Defendant and C Co., Ltd. (hereinafter “C”) around November 23, 2010, around November 23, 2010.

2) As to the part of the Plaintiff, the Plaintiff and the Plaintiff (hereinafter “existing lender”)

B) The apartment-type factory under the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the “instant building”) is purchased by purchasing the whole land of the E in the military.

2) The project to build and sell the project (hereinafter referred to as “instant project”)

(2) Around October 7, 2013, the Plaintiff concluded a management-type land trust agreement with the Defendant, C, and F, etc. (hereinafter “new lender”) on or around December 6, 2010 with the truster and beneficiary, the trustee, the Defendant, the first beneficiary, the former lender of the first priority beneficiary, and the second priority beneficiary and the second priority beneficiary, and the management-type land trust agreement with the Defendant, C, and F, etc. (hereinafter “new lender”) to repay the principal and interest of the instant building to the new lender by borrowing KRW 56,00,000 from the new lender and paying the principal and interest of the instant building to the new lender and the construction cost to C. On the same day, the Plaintiff concluded a management-type land trust agreement with the new lender to change the terms and conditions of the management-type land trust agreement concluded as of December 6, 2010.

3) The Plaintiff is only Defendant, C, and G Co., Ltd. (hereinafter “G”) around July 7, 2014.

B) As regards the Plaintiff’s business and loan agreement (hereinafter “instant business and loan agreement”) with the content that the Plaintiff borrowed KRW 35,000,000 from G to repay the remaining principal and interest of loan to the new lender (hereinafter “instant business and loan agreement”).

A) A contract for the alteration of a management-type land trust (hereinafter referred to as the “management-type land trust agreement”) was concluded and entered into on October 7, 2013 on the same day by which the first priority beneficiary is changed to G among the terms of the above management-type land trust agreement.