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(영문) 서울중앙지방법원 2017.05.31 2015가합559818
수익금교부청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) Do private savings banks (formerly: Do private savings banks (formerly: Do private savings banks, hereinafter “Do private savings banks”)

) The Plaintiff Newan Mutual Savings Bank and the Korea High Savings Bank (hereinafter referred to as the “Plaintiff, etc.”) including the Do Private Savings Bank.

) Seven mutual savings banks, including one bank (hereinafter referred to as the “alternative bank”).

(2) On February 15, 2007, prior to the change of New Zealand C&C: (a) the name prior to the change of the projected construction of the projected construction of the corporation: (b) the corporate name prior to the change of the projected construction of the corporation; and (c) the Defendant and the Defendant and the executive company, have borrowed the project funds from the lender; (d) the Defendant have entrusted the Defendant with the land outside 276-2 land, and 45 lots, which were located on the ground, and entrusted with the Defendant with five (hereinafter referred to as “instant building”).

) the new construction and sale of a project (hereinafter referred to as “instant trust project”)

(1) The business agreement to promote the business (hereinafter referred to as the “instant business agreement”)

(2) On the other hand, the Do Private Savings Bank was declared bankrupt on March 27, 2012 by the Chuncheon District Court 201Hahap1, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.

B. As stipulated in the instant business agreement, the Defendant entered into a land trust business agreement and a land trust agreement for sale type 1) on February 15, 2007, as stipulated in the instant business agreement, and the land trust business agreement and land trust business agreement (hereinafter “instant business agreement”).

In the instant project agreement, the contents relating to the instant case are as follows. Article 15 (Order of Execution of Funds) (1) In principle, funds to be raised shall be executed in the following order:

1. Taxes, public imposts, and registration expenses for the trust property;

2. Sales expenses, such as supervision expenses for design and sales by proxy;

3. Interest on borrowings, expenses for processing urgent affairs, and trust fees;

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