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(영문) 서울중앙지방법원 2016.07.13 2015가단5125459
공탁금출급청구권확인
Text

1. The deposit money deposited by the Dog Man-man, Inc. on August 20, 2014 by the Seoul Central District Court No. 18606, 2014 3,554.

Reasons

1. Facts of recognition;

A. On June 24, 2009, the trust agreement entered into a sales contract with Magman Co., Ltd. (the second to the second, when Magman Co., Ltd. will be seen as a “stock company”) to sell Daehan at the price of KRW 4.5 billion (the second to the second, when Magman Co., Ltd. will be seen as a “sale price”).

On July 14, 2009, the Mamanmantech entrusted D commercial leave to the K non-Real Estate Trust Co., Ltd., and designated Malasman as the beneficiary of 4.1 billion won for the second priority interest to secure the payment obligation of the purchase price of this case.

B. The pledge right of the purchase price claim and the assignment of assignment 1) Magman sold D stores, which are the object of the trust, and the Plaintiff A sold D stores in lots at KRW 513,300,000,000,000 for KRW 54,110,000. However, there was a dispute over the cancellation of the sale contract between Magman and the buyer including the Plaintiffs. On July 14, 2009, Magman decided to cancel the sale contract and return the sale price to the buyer including the Plaintiffs. To secure this, the first priority right of the purchase price claim and the right to purchase price claim of this case, which is the secured claim, the pledge right of KRW 11,00,000,000,000,000,000,000,000,000 won for KRW 32,000,000,000,000,000,000.

Reinforcements are secured claims E among 11 pledgeess described above on May 6, 2011.

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