(영문) 대구지방법원김천지원 2015.04.10 2014가합614

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(영문) 대구지방법원김천지원 2015.04.10 2014가합614

공탁금출급청구권양도 등 청구의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

Reasons

1. Facts of recognition;

A. On May 25, 2010, the International Trust Co., Ltd. (hereinafter “International Trust”) entered into a trust agreement with Dongnam-si Co., Ltd. (hereinafter “Dongnam-si”) and the Busan Shipping Daegu Co., Ltd. on one parcel, and completed the registration of ownership transfer on its own on June 22, 2010. According to the above trust agreement, the Korea Financial Savings Bank (hereinafter “Korea Financial Savings Bank”) was designated as the first beneficial interest.

In selling assets sales contract (Evidence A) to the purchaser of the loan claims and the rights incidental thereto against the Namnam City (hereinafter referred to as the "debtor"), the plaintiff and the defendant shall enter into a contract as follows:

Article 1. Sales Agreements

1. On December 31, 2012, the seller transfers all the rights under the asset sales contract entered into with the Korea Financial Savings Bank on December 31, 2012.

Provided, That the list of real estate subject to the transfer of rights shall be as shown in attached Form 1.

2. 70,000,000 won shall be paid separately by the purchaser in proportion to the proportional distribution to the total real estate list, which is agreed to be paid to the third party in the attached agreement under Article 2 (3) of the attached agreement; and

3. The costs of legal proceedings related to the takeover, etc. of the lawsuit under Article 7 of the attached contract shall be paid separately by the purchaser;

4. The buyer shall pay 50,000,000 won for the public auction expenses paid in advance by the seller.

Article 2 Payment of Sales Price and Sales Price

1.The purchase price to be paid by the buyer to the seller under this contract shall be 3,600,000,000.

2. The buyer shall pay the seller KRW 100,000,000 to the seller at the time of the conclusion of this contract, and shall pay the intermediate payment of KRW 100,000,000 to the seller at the time of the conclusion of this contract, and shall pay the remainder of KRW 3,400,000 until October 11, 2013.

However, the balance shall be 10.4. The balance shall be 10.4. The buyer of an international trust shall enter into a private contract, but the balance shall be effective as the first pledgee.

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