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(영문) 서울중앙지방법원 2015.09.09 2015가합519322
부당이득금
Text

1. The plaintiff's bankruptcy debtor, Solomon Savings Bank, the Korea Deposit Insurance Corporation and the bankruptcy debtor.

Reasons

The summary of the case is the case that the defendant seeks the payment of the transfer money against the defendant on the ground that the plaintiffs, the first beneficiary, have been transferred from the trustee, because the defendant excessively collected the overdue interest of the substitute land from the trustee in violation of the Enforcement Rule of the Ordinance.

In fact, on June 26, 2009, in relation to the real estate management trust contract with the Asian Trust Co., Ltd. (hereinafter “Stock Co., Ltd.” from the time of the second name of the Co., Ltd.), the company entered into a real estate management trust contract (for security trust) with the Asian Trust Co., Ltd. with respect to the gold-dong 35-5 and 23 lots of land prior to the replotting.

On the same day, Solomon Savings Bank Co., Ltd., the Bankruptcy Obligor Savings Bank, the Bankruptcy Obligor Savings Bank, the Bankruptcy Obligor, the Korea Savings Bank, and the Plaintiff Fair Savings Bank, Co., Ltd., extended KRW 400 billion to the "Seocheon-gu, Seocheon-gu Multi-unit Housing Construction and Sale Business" which has the trust land as the business site, and became the first priority beneficiary under the trust contract.

First of all, the ratio of the beneficiary interest is 57.77% of the debtor's Solomon Savings Bank, 17.78% of the debtor's Solomon Savings Bank, 8.89% of the debtor's debtor's debtor's debtor's savings bank, and 15.56% of the plaintiff's fair savings bank

On December 21, 2009, the Defendant publicly announced a replotting disposition following the completion of the land readjustment project of Woodan 1 District.

According to this, the land’s land substitution determination place prior to the instant land substitution place is 23,820.1m27m2, Seo-gu, Seo-gu, Incheon Metropolitan City and 728-11m27m2, and 6,947,463,150m2 as the land substitution settlement amount for the land and the land substitution part (6,947,463,150m2, June 201).

It was before the Incheon Metropolitan City Rules 2895 on June 2, 2014, which was amended by the Incheon Metropolitan City Rules 2895 on June 2, 2014, from June 21, 2010 to June 1, 2014.

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