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(영문) 서울중앙지방법원 2018.01.12 2015가합19372
수익금분배등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Trust and loan agreement 1) Co., Ltd. G (hereinafter “G”)

(2) Around May 2005, the project site of this case (hereinafter “the project site of this case”) is referred to as the “project site of this case”).

(2) The project to build an apartment building of 805 units (hereinafter referred to as the “instant project”).

2) On May 12, 2005, G entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the purpose of trusting the instant project site to Defendant E and disposing of the buildings newly constructed on the instant project site and its ground as trust property with respect to the instant project site.

Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) (hereinafter “Plaintiff B”) with the sum of 23.64% of the total of 2.5 billion won for Plaintiff B 2.5 billion won for Plaintiff B 17.66% J 4 billion 6.66% for Plaintiff B 10.64% for Plaintiff D 2.5 billion won.

(1) Plaintiff C (formerly changed name: I. hereinafter “Plaintiff C”)

) Plaintiff D Co., Ltd. (hereinafter “Plaintiff D”)

) Nonparty J Co., Ltd. (formerly changed name: K, hereinafter “J”)

(F) Non-Party F Co., Ltd. (hereinafter “F”).

The lender (hereinafter referred to as the “sub-owner”) is the lender.

A) The agreement is made to grant a loan (referring to the formation of a single loan agreement by multiple banks with a single lender to enter into a loan agreement with a borrower) of project funds related to the instant project in G (hereinafter “instant loan agreement”).

(B) A loan of KRW 23.5 billion in total to G (hereinafter “instant loan”).

(4) On May 18, 2005, the lender and G set up a first priority pledge (hereinafter “instant joint pledge”) on the deed of trust interest held by G and G in accordance with the instant trust agreement to preserve the claim for the instant loan.

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