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(영문) 서울중앙지방법원 2017.05.23 2016가단5207150
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the Plaintiff’s status 1) The Plaintiff is an Emnosty Co., Ltd. (hereinafter “ Emnosty”).

(2) On July 26, 2016, the Plaintiff received the order of seizure and collection as to the claim for payment based on the real estate security trust agreement held against the Defendant on July 26, 2016, under the Seoul Northern District Court Decision 2014 tea 26994, and the order was served on the Defendant on August 1, 2016.

B. A real estate security trust contract, etc. 1) Daejeon New Town Development Co., Ltd., Linsti and urban life awareness Co., Ltd. promoted the Seo-gu Daejeon Multi-Family Housing Development Project around 2005 (hereinafter “instant development project”).

(2) Around 2007, LAC et al. obtained a loan of KRW 74 billion from the National Bank of Korea, and KRW 76 billion from the New IF Capital Co., Ltd., and thereafter purchased the development project site from around that time, and completed the registration of ownership transfer based on trust in the future of the KB real estate trust company. Thereafter, on September 4, 2015, the Defendant completed the registration of ownership transfer based on the trust quality. (2) However, the National Bank and the New Bank were guaranteed preferential right to benefit from the KB real estate trust in relation to the collection of each of the above loans.

3) On the other hand, Ethiopid Co., Ltd. (hereinafter “Ethyd”)

A) Around 201 and 2012, a person having preferential interest took over each of the above loans and security rights from a national bank and a new bank, and a trustee was replaced from a national bank and a new bank to a UBD in the course of being replaced by the Defendant in the KB real estate trust. 【The fact that there is no dispute over the grounds for recognition, Party A’s evidence Nos. 1-4, Party A’s evidence Nos. 5 and 6’s evidence Nos. 1-2, Party B’s evidence Nos. 16, Party B’s evidence Nos. 20-5, and the purport of the entire pleadings.

2. The defense prior to the merits.

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