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1. All of the plaintiffs' lawsuits of this case are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. (1) On April 10, 2015, the instant trust agreement was concluded with the Defendant and the management-type land trust agreement (hereinafter “instant trust agreement”) with a view to carrying out the business of constructing and selling a new building, such as retail market, on the ground of 3,148.70 square meters in Seongbuk-gu, Sungnam-si.
(2) Under the instant trust contract, as the first priority beneficiary, a total of nine financial institutions, such as the Forest Savings Bank, as a joint beneficiary, are designated as a corporation with the second priority beneficiary, and a franchise as a corporation with the third priority beneficiary.
B. (1) The Plaintiffs filed an application with the non-party company for a payment order claiming the return of the termination of the contract against the non-party company. The payment order was issued and confirmed as follows: “The non-party company shall pay the Plaintiff KRW 39,189,590, KRW 50,000, and KRW 20% interest per annum from the day after the delivery date of the payment order to the day of complete payment.”
[Plaintiff A: The Gwangju District Court 2015 tea4502; the fixed date: August 13, 2015; Plaintiff B: the Seoul Central District Court 2015 tea43127; and the fixed date: October 3, 2015] (2) Based on the original copy of the above executory payment order, the Plaintiffs were ordered to attach claims against the Defendant of the non-party company (hereinafter “the entire claim of this case”) as follows; and the above seizure and assignment order became final and conclusive after each was delivered to the Defendant.
Plaintiff
A Claim Amount: 39,812,336 won (Seoul Central District Court 2015TTT2023, 2023 December 22, 2015): 4,742,280 won (Seoul Central District Court 2016TTT 6541, 200: 6 May 6, 2016): Plaintiff B’s claim amount: 51,753,184 won (Seoul Central District Court 2015TT 25433, 2543, 2015: 22 December 22, 2015): All trust proceeds and principal paid by the Defendant to the non-party company that is a subordinate beneficiary under the trust contract concluded between the non-party company and the Defendant under the trust contract between the non-party company and the Defendant.