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(영문) 서울중앙지방법원 2018.04.19 2017나12027
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The promotion and progress of the project for the new construction and sale of a residential complex building 1) The Chief Korea Co., Ltd. (hereinafter referred to as the “Port Korea”).

(2) On December 31, 2002, the K non-real estate trust company (hereinafter “K non-trust”) is a case.

A and four parcels (hereinafter referred to as “instant project site”) in Ansan-si.

As to the instant project site, a trust contract for the business of constructing and selling the main complex building on the ground of the instant project site was concluded, and on the same day, a trust for the instant project site was completed with respect to the registration of ownership transfer based on the said trust contract to the K non-trust. 2) The K non-trust was unable to pay the construction cost any longer to F, the contractor due to the shortage of trust property around October 2004, and eventually, the Korea and F were all insolvent.

3) Under such circumstances, the KF Trust disposed of the instant project site and the buildings under construction on the ground in accordance with the said trust contract by public auction. In the above public sale procedure, MD Co., Ltd. (hereinafter “Madddlon”).

) The buyer was determined as the buyer, but Mebrat Co., Ltd. (hereinafter referred to as Mebatty).

(4) On May 31, 2007, H&D Co., Ltd., Acheon Construction Industry Co., Ltd., Acheonyang Construction Co., Ltd., Ltd., changed its trade name on April 29, 2008 from H&D Co., Ltd., Ltd. to H&D Co., Ltd., Ltd., Ltd. on May 31, 2007.

“Acheon-Sacheon Construction,” regardless of any change in the name below;

On March 17, 2009, Defendant Dyan Real Estate Trust Co., Ltd. changed its trade name to Daol Trust Co., Ltd. on March 25, 2010, to Daol Trust Co., Ltd. on March 25, 2010, in sequence, to Daol Trust Co., Ltd. on December 5, 2013.

“Defendant” regardless of any change in the name below.

A mutual savings bank in Korea (hereinafter referred to as the "Korean mutual savings bank") shall be between Korea and another mutual savings bank.

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