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(영문) 서울고등법원 2017.10.26 2017나2010105
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 14, 2008, the net construction company (hereinafter “net construction”) entered into a “sale-type land trust agreement” (a trust agreement with the Defendant for the business of newly constructing and selling multi-family housing, etc. in Seongbuk-gu Seoul, Seongbuk-gu, Seoul (hereinafter “instant trust business”) (a trust agreement for a truster and beneficiary: a net construction: a trustee: a trustee and a trustee, where the Defendant and the net construction borrow funds from a financial institution to perform trust affairs, a net construction would request a financial institution, etc. to designate as a pledgee on the certificate of beneficial rights to guarantee the principal and interest of the financial institution of the net construction, and the Defendant shall include the contents to consent thereto).

B. On April 7, 2008, net construction: (a) around 2008, the borrower was made a net construction; (b) senior lender was a new lender; (c) Hyundai Switzerland Mutual Savings Bank; (d) Hyundai Switzerland Mutual Savings Bank; (e) Hyundai Switzerland Mutual Savings Bank; (e) one stock company; (c) Hyundai Switzerland Mutual Savings Bank; and (d) senior lender loaned KRW 54 billion to the net construction; (d) junior lender borrowed KRW 21 billion to the net construction; and (e) the management of the deposit and withdrawal of loans borrowed KRW 75 billion from the above lender; and (e) around May 7, 2008, in order to secure the debt of the above loan; and (e) around May 16, 2008, the Defendant consented to the establishment of a pledge on the right to benefit under the above sales trust agreement.

On April 14, 2008, Hyundai Switzerland Mutual Savings Bank Co., Ltd., which concluded the order of priority of loans and the amount of pledge loans and the amount of pledge loans, with the first priority of 54 billion won and the first priority of 70.2 billion won around April 23, 2008, Hyundai Switzerland Mutual Savings Bank, with the second priority of 2 billion won and 15.6 billion won on April 23, 2008, shall be the mutual savings bank, with the second priority of 6 billion won on April 23, 2008.

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