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(영문) 수원지방법원 2017.08.31 2016나56073

매매대금반환

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1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

. The secured obligation is “the secured obligation”

In order to secure the right of lease, the executor has entrusted the right of lease to the trust company, and the lender has to deliver the first priority right certificate (130% of the amount of loan and business agreement) under the security trust. The borrower and the trust company shall set up the right of pledge (130% of the amount of loan and business agreement of each lender) on the money deposited or to be deposited in the account of proceeds of sale in order to secure the secured obligation. E has entrusted the right of lease on the first to the trust company of Korea on January 2010 of the building of this case, and around January 21, 2010, under the loan and business agreement of this case, entrusted the right of lease on the first to the first to fourth to the trust company of Korea on the first to the first to the fourth to the second to the second to the trust company of this case. On January 21, 2010, the borrower and the trust company shall set up the right of lease trust agreement between the deposit administrator and the No. 130-20-14 to the deposit account of No.

Furthermore, at that time, E has made efforts to complete the construction of the building of this case by additionally proceeding the discount sale of the building of this case and raising the construction cost with proceeds from sale, etc. Accordingly, the building of this case was under the condition that it can be completed around July 2010.

5. Meanwhile, after the expiration of the deadline for the completion of the instant building, Sungnam-si had participated in E on the premise that E continue to perform the new construction of the instant building on the premise that E will continue to do so. On January 2010, 2010, E, a trust company, from the first floor to fourth floor of the instant building.