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(영문) 서울중앙지방법원 2020.10.28 2020가합13
공탁금출급청구권 청구의 소
Text

1. C Of the KRW 3,554,606, 314 deposited by the Seoul Central District Court No. 18606 on August 21, 2014, 292, 292,194.

Reasons

1. Facts of recognition;

A. On June 24, 2009, Defendant B Co., Ltd. (1) (hereinafter “Defendant B”) entered into a sales contract with Defendant B Co., Ltd. (hereinafter “C”) to sell KRW 13.964.25 million (hereinafter “instant commercial buildings”) of the Plaintiff B’s D Building E, and 41 units of the Seoul Jung-gu, Seoul, and the facilities and equipment installed and kept therein (hereinafter “the above 42 units and the above facilities and equipment”) to Defendant C (hereinafter “instant sales contract”).

(2) On July 14, 2009, C entered into a trust agreement with FF Co., Ltd. (hereinafter “F”) stipulating the trust period for the instant commercial building from June 29, 2009 to August 29, 2012 (hereinafter “instant trust agreement”) and designating GH financial branch as the first priority right holder, and designating the remainder of the instant sales agreement as to the claim KRW 4.1 billion, excluding KRW 850 million out of the remainder of the lease deposit, for the purpose of securing the remainder of the instant sales agreement as the first priority right holder, as to the claim of KRW 4.1 billion, excluding KRW 850 million out of the remainder of the lease deposit, and Defendant B was issued a beneficial interest certificate with F. The part related to the instant trust agreement is as follows.

(2) Article 3 (Beneficiary No. 3) of the instant trust agreement (Evidence No. 3) provides that “The beneficiary may additionally designate or modify the beneficiary with the consent of the trustee.”

Article 6 (Certificate of Rights to Benefit) (7) A truster shall use the deed of Rights to Benefit in compliance with the trust purpose, and may not transfer it to another person or perform any act of disposal, such as pledge, for the purpose of security, without the consent

Article 7 (Priority Rights of Beneficiaries) (5)

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