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(영문) 인천지방법원 2016.05.10 2015가합56624
공탁금출급청구권확인
Text

1. One asset trust, a stock company, deposited on October 30, 2014 by the Seoul Eastern District Court No. 3836, 2014 1,810,085.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties concerned. The Plaintiffs are Yeonsu-gu Incheon Metropolitan Government AD large 992 square meters (hereinafter “instant land”).

) As co-owners, the commercial building called “AE” on the instant land jointly (hereinafter “instant commercial building”).

2) The business of constructing and selling the project (hereinafter referred to as the “instant project”).

(2) The Defendants were the creditors of the mutually beneficial comprehensive construction, Co., Ltd. (hereinafter “beneficial comprehensive construction”), a contractor in charge of the construction of the instant commercial building (hereinafter “beneficial comprehensive construction”), and were changed from a single trust to a single asset trust on December 5, 2013; hereinafter “one asset trust, regardless of whether before or after the mutual change,” as the garnishee, and were subject to seizure and collection order or provisional seizure order for the claim for the construction price for one of the mutually beneficial comprehensive construction, and were served as one of the creditors of the mutually beneficial comprehensive construction (hereinafter “beneficiary comprehensive construction”), and were served as one of the trust from December 2, 2013.

B. The Plaintiffs agreed to contract the new construction of the instant commercial building to the beneficiary comprehensive construction for the instant project, and on April 20, 2012, a prop joint business contract between the beneficiary comprehensive construction division (hereinafter “instant prop joint business contract”).

A) Around May 2012, a real estate security trust agreement was concluded between one asset trust and one asset trust with the content that the instant land is trusted to one asset trust. On June 22, 2012, upon obtaining permission for the construction of the instant commercial building, the Plaintiff completed the registration of trust in the name of one asset trust with respect to the instant land on June 2, 2012. (2) On July 6, 2012, the Plaintiffs were the beneficiary comprehensive construction, one asset trust, a fund management trust (agency), and the Korea Exchange Bank, a loan financial institution.

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