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(영문) 서울중앙지방법원 2014.03.28 2013가합528100
공매배분금지급청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,654,791,965 to the Plaintiff (Counterclaim Defendant) and its related amount from April 30, 2013 to March 28, 2014.

Reasons

1. Facts of recognition;

A. (i) A naturally developed company is a truster who guaranteed and trusted real estate listed in the separate sheet to the Defendant.

(B) Before the registration of change as of June 4, 2010, the name of the natural development company was CF Communications, and the natural development company was a natural development company; hereinafter, the same shall apply). The Japanese Savings Bank was the first beneficiary of the collateral trust contract, and was declared bankrupt on September 7, 2012 by this Court No. 2012Hau96, the Plaintiff was appointed as the trustee in bankruptcy on the same day.

(B) Before the registration of change as of September 24, 2010, the name of the Japanese Savings Bank was a stock company, the Japanese Savings Bank was a stock company, and this company was called the Japanese Savings Bank, and the Plaintiff and the Japanese Savings Bank was referred to as the Plaintiff when referring to the Plaintiff, the trustee in bankruptcy. Shell natural development entered into the instant real estate security trust agreement with the Defendant, the trust company, as of May 3, 2010, on the real estate stated in the attached Table 1, with the Defendant, the trust period was five years from the date of the registration of the trust, the priority beneficiary on the trust principal was determined as the first beneficiary of the Japanese Savings Bank (7 billion won from the date of the registration of the trust), the subordinated beneficiary and the beneficiary of the trust proceeds as the natural development, and completed the registration of the trust in the Defendant on May 6, 2010.

Accordingly, the Japanese Savings Bank extended 3.19 billion won to natural development.

Referencely, the trust contract was amended as follows due to changes in the name of the truster and the trustee, and some of the lands were combined.

After the change prior to the change of the classification, the name of the first beneficiary of the beneficiary trust principal corporation, the resident registration number of the first beneficiary, the 11011-09090350, the name of the first beneficiary of the trust principal of the Songpa-dong Seoul 99-3, Songpa-gu, Seoul, the name of the first beneficiary, the resident registration number of the Il Savings Bank, the 11011-0090350, Songpa-gu, Seoul, the name of the corporate debtor of the 99-1 building debtor corporation.

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