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(영문) 부산지방법원 2012.05.03 2011가합16878
배당이의
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of trust business, etc., and the Defendant is a corporation established with the aim of contributing to the development of the financial industry and the national economy by efficiently supporting the promotion of disposal of non-performing assets held by financial institutions and the normalization of management of companies showing signs of insolvency, and by performing the management, disposal, etc.

B. The new U.S. Development and the sale-type land trust 1) The new U.S. Development Co., Ltd. (hereinafter “new U.S. Development”).

) The Plaintiff is the Plaintiff’s land (hereinafter “instant land”) and four lots (hereinafter “instant land”) in Busan Seo-gu, Busan Seo-gu, 612 square meters.

A) A plan to newly build and develop a main complex building was formulated on August 27, 1994, and Creret Trust Co., Ltd. (Korean Real Estate Trust Co., Ltd. before the alteration; hereinafter “Coret Trust”).

A) Around October of the same year, Cret Trust requested a review of the feasibility of the above development plan, including the review of the development plan, the purpose of development, and the establishment of the size, and notified the new U.S. Development of the review of the fact that the project prospects for the instant land are good. 2) Accordingly, the new U.S. Development was changed to the Dongyang Total Financial Co., Ltd. (S. on April 3, 2001) on or around December 1, 1994, and was merged into the Dongyang Total Financial Co., Ltd. (S.) on December 1, 2001. 17.2 billion won from the Dongyang Total Financial Securities Co., Ltd. (hereinafter “Dongyang Yang Yang”) and purchased the instant land on the 31st of the same month, and completed the registration of ownership transfer on April 19, 195 and its year.

9. On the two occasions, the instant land was “Convention for the Construction of Newly Building in D Main Complex” with respect to the instant land between the treatment Co., Ltd. (hereinafter “treatment”).

3 New U.S. Development and Coke Trust on October 24, 1995, the new U.S. Development entrusted the land of this case to Coke Trust on October 24, 1995, while Coke Trust is a main complex building with the size of 6th underground and 24th ground level on the land of this case.

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