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(영문) 서울북부지방법원 2017.09.28 2016가합2288
전부금
Text

1. The plaintiff (appointed)'s lawsuit shall be dismissed;

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

In fact, the non-party company entered into a management-type land trust contract (hereinafter “instant trust contract”) with the Defendant around April 10, 2015 in order to carry out the business of constructing and selling a new building, such as retail market, on the ground of 3,148.70 square meters in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the non-party company entered into a management-type land trust contract (hereinafter “instant trust contract”).

In the instant trust contract, as the first priority beneficiary, a total of nine financial institutions such as the Forest Savings Bank, etc. as a joint beneficiary, as a second priority beneficiary, a joint beneficiary who is a stock company and a third priority beneficiary, is designated as a joint beneficiary, and a franchise as a stock company.

On July 9, 2015, the Plaintiff and the designated parties applied for a payment order seeking the return of the termination of the contract to the non-party company, and the payment order was issued on July 31, 2015 by the Seoul Central District Court 2015 tea32052, which was finalized on July 31, 2015.

On August 19, 2015, based on the original copy of the above executory payment order, the Plaintiff and the designated parties were issued an order of seizure and assignment of claims against the Defendant of the non-party company (hereinafter “the entire claim of this case”) by Seoul Central District Court 2015TTT18577, and the above order of seizure and assignment became final and conclusive on September 11, 2015 after the delivery to the Defendant on August 24, 2015.

Total amount of claims: 749,830,410 Creditors

1.A 128,613,430 won;

2.B 503,833,238

3.C 65,347,441 Won,

4. Under the instant trust agreement concluded between the non-party debtor company and the non-party debtor company, the third debtor company and the third debtor company, the entire amount of the trust proceeds and the profits accrued from the principal of the trust proceeds to the non-party debtor company, subordinate beneficiary, up to the claim claims of the above creditor. The entire amount of the claim of this case is the claim arising from the trust proceeds of this case where there is any remaining trust property after undergoing the procedure for settling trust expenses, the claims and incidental expenses of the first beneficiary as of the time when the trust agreement

[Reasons for Recognition] Dispute.

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