(영문) 인천지방법원 2015.06.04 2014가합13286

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(영문) 인천지방법원 2015.06.04 2014가합13286

배당이의

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The conclusion of the trust contract and the completion of the building of this case 1) Samdidi Co., Ltd. on June 29, 1995 (hereinafter “instant trust company”) is the Korea Real Estate Trust Co., Ltd. (hereinafter “instant trust company”).

In relation to the foregoing, ① the truster and the beneficiary shall be the trustee company of this case, ② the trust purpose shall be C Miscellaneous land of Sungnam-si, Sungnam-si, 27,308.1m2, 4 underground floors of steel-frame reinforced concrete structure, 7mD and complex buildings (hereinafter “instant building”).

2) Following the new construction of the above land and buildings (hereinafter referred to as “instant real estate”)

(3) A trust agreement between the date when a trust agreement is concluded and December 31, 200 (hereinafter “instant trust agreement”) is deemed to be leased, managed, and operated as a trust property.

(2) The trust company of this case concluded a contract with the plaintiff Samsung Heavy Industries and completed the building of this case. On November 29, 2000, registration of preservation of ownership was completed in the name of the above trust company on the building of this case.

B. On July 11, 1996, the Defendant entered into a lease agreement between the instant trust company and the instant trust company to lease the three-story store in the instant building, and paid KRW 155,000,000 to the said trust company as the lease deposit. (2) The Defendant filed an application for provisional seizure of real estate on the instant real estate owned by the said trust company to preserve the claim against the instant trust company. On April 13, 2001, the Seoul Central District Court issued a provisional seizure order with the Seoul Central District Court 201Kadan2405 on April 18, 201, and completed the provisional seizure registration on the said real estate.

(2) On February 5, 2001, the trust company of this case of this case of this case of this case of this provisional seizure of this case of this case of this case 3. The trust company of this case of this case of this case of this case of this case of this provisional seizure of this case of this case of this case of this case of this case of this case of the Suwon District Court of Korea of June 2, 2003, the trust company of this case of this case of this case of this case of

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