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(영문) 부산지방법원동부지원 2016.09.29 2014가합103281
배당금청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) was a contractor for the central construction of a stock company, and the project was implemented to newly construct and sell I collective housing in the Nam-gu Seoul Metropolitan Government H Group (hereinafter “instant apartment”).

G was loaned KRW 195 billion to Han Capital Co., Ltd., the Nonghyup Bank Co., Ltd., the Nonghyup Bank Co., Ltd., the National Federation of Fisheries Cooperatives, the foreign exchange capital Co., Ltd., the Dold Capital Co., Ltd., the Dold Capital Co., Ltd., the Dold Capital Co., Ltd. (hereinafter “Co., Ltd.”)

G, on March 4, 2011, when registering the preservation of ownership in the instant apartment, on March 25, 2011, the G concluded a real estate security trust agreement with the K non-real estate trust company (hereinafter “K non-real estate trust”) and the instant apartment as real estate in trust, with the right holders of the loan claims as stated in paragraph (1) and the transferee thereof as priority beneficiaries.

B. Around 2012, the first beneficiary of the said security trust agreement, Ulsan East-dong Doz Co., Ltd., the Nonghyup Bank Co., Ltd. (hereinafter “Uamambco”), the foreign exchange capital was sold to the Uambap Co., Ltd. (hereinafter “Uambaco”), the foreign exchange capital was a limited-liability company specialized in the primary securitization of Eambacs (hereinafter “Es”) and the National Federation of Fisheries Cooperatives sold their respective loans and preferential rights to benefit to the Mamba comprehensive financial securities company (hereinafter “Mebaz gold”).

C. When approximately 20 households out of the instant apartment units were unsold in lots for a long time, Defendant B Co., Ltd. (hereinafter “Defendant B”) and J Co., Ltd. (hereinafter “J”) establish SPC with joint investment funds on December 12, 2013, and purchase the loan institution’s claims and preferential right to benefit in the name of the SPC (Uamco, Mambuses, Embuses, Embuses, Embs, Gags, and Gags) and then purchase the loan institution’s claims and preferential right to benefit in the name of the SPC, and receive the investment principal and profit from the sale price of the unsold apartment units and commercial buildings (hereinafter “instant business”).

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