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(영문) 서울동부지방법원 2015.05.29 2013가합11018

채권양수무효확인

Text

1. The application for intervention by the defendant assistant intervenor shall be permitted;

2. On March 2, 2012 between the Plaintiff and the Defendant A.

Reasons

1. Facts of recognition;

A. On June 17, 2009, the Plaintiff indicated the “one Dong”, “2 Dong”, “3 Dong”, “4 Dong”, “5 Dong”, and “6 Dong” as “one unit of apartment house. The instant apartment house consists of five units per unit of building. In addition, the instant apartment house and the instant apartment house, together with the instant land and the instant apartment house, were awarded a contract for construction cost of KRW 10,767,00,00,00 for construction work (hereinafter “instant construction”).

On August 2009, the Plaintiff entered into a new contract on 4, 5, and 6, as to 1, 2, and 3, between the Defendant Company and the Defendant Company, and as to 6, between Defendant A and Defendant B.

(hereinafter referred to as “instant contract” as well as each of the above contracts.

On June 24, 2010, Defendant Company and Defendant B concluded a real estate security trust agreement with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the part of the instant real estate as the truster and beneficiary of trust principal and trust proceeds, Korea Bank Co., Ltd. as the first beneficiary of trust principal, the first beneficiary of trust principal, and ASEAN Capital as the second beneficiary of trust principal. On January 17, 2011, the Plaintiff added the trust principal as the third beneficiary of trust principal and added some of the instant real estate as the object of trust property, and concluded a real estate security trust agreement on March 9, 2011, which is identical to each of the instant real estate.

C. The instant contract.