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(영문) 서울중앙지방법원 2015.10.22 2013가합89308

사해신탁취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Execution of the real estate development project of the non-party company and the PF loan contract 1) A Co., Ltd. (hereinafter “non-party company”).

(2) The business of constructing and selling a main apartment in the Suwon-gu, Suwon-gu, Suwon-si (hereinafter referred to as the “instant business”).

2) On October 23, 2007, 2007, 2007, 2007, 200

(ii)the Korea Development Bank (hereinafter referred to as the “Industrial Bank”);

) Korea Bank, Inc. (hereinafter referred to as “Korea Bank”);

(2) As to the instant project, the business agreement between South and North Korea will carry out the execution of the instant project, the Bank shall lend funds to the Bank, and the Industrial Bank shall be in charge of the management of financial intermediary and advisory services (hereinafter referred to as the “instant business agreement”).

(2) On October 23, 2007, the date of the conclusion of the instant business agreement, the non-party company entered into a PF loan agreement (hereinafter “instant loan agreement”) with Korea bank, Nam-do, and with C, the representative director of the non-party company, the non-party company was granted a loan of KRW 120 billion from Korea bank on February 28, 2012 due to the due date of the loan of KRW 120 billion from Korea bank, and the non-party company entered into a loan agreement (hereinafter “instant loan agreement”).

B. The shareholders of the non-party company set up a pledge of shares and a real estate security trust contract 1) in order to secure the obligations of the non-party company with respect to the loan contract of this case, the shareholders of the non-party company held 60,000 shares issued by the non-party company (hereinafter “the shares of this case”).

(C) The first pledgee bank and the second pledgee bank, and the second pledgee sub-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

(2) In addition, on December 10, 2007, the non-party company secured and trusted to the Industrial Bank for the purpose of securing the obligation related to the instant loan contract, the Suwon-gu, Suwon-si, a project site.