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(영문) 서울중앙지방법원 2016.04.28 2015가합534345
공탁금출급청구권확인
Text

1. Of the instant lawsuit, the Maritime Savings Bank, the Korea Savings Bank, the Fair Savings Bank, and the Fair Savings Bank.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized in full view of the respective entries in Gap evidence 1 through 3 (including the serial number) and the whole purport of pleadings:

In relation to the parties, the Solomon Savings Bank (before the change: Busan Solomon Savings Bank, Busan Solomon Savings Bank, a stock company, Solomon Savings Bank (before the change: Solomon Savings Bank), the Fair Savings Bank (Before the change: Solomon Savings Bank), the Securities Savings Bank (Before the change: Gyeonggilomon Savings Bank), the Hanlomon Savings Bank (Before the change: Honam Solomon Savings Bank, a stock company, and Honam Solomon Savings Bank) are as follows.

under subsection (1) of the real estate security trust agreement (hereinafter “instant security trust agreement”) is a person designated as a priority beneficiary.

The Plaintiff is the trustee in bankruptcy of the Solomon Savings Bank (Seoul District Court 2014Hahap1002, Oct. 21, 2014). Defendant 1 is the trustee in bankruptcy of the Solomon Savings Bank (Seoul Central District Court 2013Hahap46, Apr. 30, 2013), and Defendant 2 is the trustee in bankruptcy of the Solomon Savings Bank (Seoul Central District Court 2013Hahap46, Apr. 30, 2013). Defendant 2 is the following.

Defendant 3 is a trustee in bankruptcy of the Korea Savings Bank (former District Court 2014Hahap103, Jul. 21, 2014) and Defendant 4 is a pledgee for the preferential interest of Defendant 2, who seized Defendant 2 as a pledgee for the preferential interest of Defendant 2.

On April 29, 2010, the non-mixedton Co., Ltd. entered into a real estate security trust agreement with the K non-real estate trust company as to the 29 household units on the ground, Yangcheon-si, Yangcheon-gu, Seoul and 1314, 16,07.7m2 and two lots of land, which are indicated in the attached Table 3 list, (hereinafter “instant real estate”).

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