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(영문) 서울남부지방법원 2015.05.21 2014가합109205
공탁금출급청구권확인
Text

1. The Korea Land Trust Co., Ltd. deposited by the Seoul Southern District Court No. 4622 on August 29, 2014 2,217,271.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

(a) On January 26, 2010, 2000 won was loaned from 32 billion won from the Skip Construction Office (hereinafter “Akip Construction Office” (hereinafter “Akip”) Co., Ltd. (hereinafter “Akip”) which is an executor of the business of constructing a new apartment house in the Yeongdeungpo-gu Seoul Special Metropolitan City (hereinafter “the instant business”) on the part of the Young-si Special Metropolitan City (hereinafter “Sung-gu Special Metropolitan City Mutual Savings Bank, Samcheon Mutual Savings Bank, Seoul Mutual Savings Bank, Savings Bank, Daejeon Mutual Savings Bank, Daejeon Mutual Savings Bank, Daejeon Mutual Savings Bank, Daejeon Savings Bank, Hyundai Savings Bank, Hyundai Savings Bank, Modle Savings Bank (hereinafter “Stop Savings Bank”), the Incheon Savings Bank, the construction cost, project promotion cost, project promotion cost, etc.

(hereinafter referred to as "existing loans"), and the above banks are "existing lenders" (b).

On January 27, 2010, the Korea Land Trust and the Korea Land Bank, which was an existing bank of the lender, concluded a fund management agency contract with the content of entrusting the sales revenue related to the instant business, the management and enforcement of the business loan to the Korea Land Trust on January 27, 2010. The main contents are as follows:

After that, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) who accepted the existing loan contract from the Fladar Mutual Savings Bank became the substitute bank of the existing lender.

Article 2 (Delegation of Authority) Akiner shall delegate to a land trust the following authority necessary for performing his/her duties:

1. Receipt, management and operation of funds, such as parcelling-out payments and business loans;

2. Execution and management of project-related funds, such as construction costs and incidental expenses;

3. Management of passbooks in the account for management of proceeds from sale;

4. Other services incidental to the above services, etc. (1) The land trust for Korea shall open a single account in the name of the land trust in the name of the Korea Land Trust for the receipt of the proceeds of sale in lots by the Akner in connection with the projects.

(2) The sale price shall be above.

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