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(영문) 서울고등법원 2015.06.18 2014나35206
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. An intervenor succeeding to the Plaintiff Amateur Savings Bank.

Reasons

Basic Facts

1) Conclusion of a lease contract real estate management trust contract

I) Around March 2001, within a total of 1,441,300 square meters in Ulsan-gu E, F, G, and H Dong-dong, Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, the primary apartment (hereinafter referred to as “I Primary apartment”) is located.

) 746 Generations and I Second Apartments (hereinafter “I Second Apartments”)

(1) The first,579 units and the first, third apartment units (hereinafter “I third apartment units”) are referred to as “the instant apartment units”; hereinafter, collectively, “the instant apartment units.”

(2) On March 7, 2001, the head of Ulsanbuk-do, approved the invitation of occupants and publicly announced the invitation of occupants by attaching the conditions for sale in lots to the apartment of this case. Around that time, each lease contract was concluded between occupants.

3) On the other hand, Pyeongtaek-si is Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

A) A real estate management trust agreement with the beneficiary for the instant apartment with respect to the instant apartment (hereinafter “instant trust agreement”).

(1) On October 29, 2004, on the first apartment of the Korea Land Trust, on May 30, 2003, I completed the registration of ownership transfer on the ground of each of the instant trust deeds with respect to the second apartment units, and on February 4, 2005, I completed the registration of ownership transfer on the ground of each of the instant trust deeds. (1) Plaintiff A, B, C, and the same soil company (hereinafter “same soil”) (hereinafter “identical Securities Savings Bank”), EF Savings Bank (hereinafter “EF Savings Bank”) and Solomon Savings Bank (hereinafter “Relomon Savings Bank”), Korea New Savings Bank (hereinafter “New Savings Bank”), Samsung Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Korea Co., Ltd., Ltd. (hereinafter “Seoul Mutual Savings Bank”), and J (hereinafter “Co., Ltd., collectively collectively referred to as “instant pledge holders”).

2. The sub-pledges of this case are as between each of the following sub-pledges, and as between each of the sub-pledges of this case.

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