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(영문) 서울서부지방법원 2016.08.25 2015가합36228
채무부존재확인
Text

The Plaintiff’s bankrupt Co., Ltd.’s obligation of KRW 666,00,000 to B shall be the year from February 1, 2012 to the date of complete payment.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in Gap evidence of heading 1 to 11 (including the Serial number if there is no special reference; hereinafter the same shall apply), Eul evidence of heading 1, Eul, and Eul evidence of heading 1 to 11, and Eul evidence of heading 2, taking into account the whole purport of the pleadings.

From around September 2001, Nonparty F and G (hereinafter “project implementer”) performed a project (hereinafter “instant construction project”) that constructs underground floors and residential facilities and apartment buildings (E; hereinafter “the instant building”) on the ground of the H large 998 square meters (hereinafter “instant land”) owned by the project implementer and owned by Nonparty F and G as Nonparty B Co., Ltd. (hereinafter “Co., Ltd.”) subcontracted by the project implementer, and participated in the instant construction project as one of the co-contractors subcontracted by the project (hereinafter “Co., Ltd.”).

B. On April 20, 2004, the implementer took out a real estate trust agreement with the non-party Seoul Mutual Savings Bank, Future Mutual Savings Bank (former Mutual Savings Bank), and Samsung Mutual Savings Bank (Seoul Mutual Savings Bank), and entered into a real estate trust agreement with the non-party K non-real estate trust company (hereinafter “K non-real estate trust”) on the land of this case with the first priority beneficiary, and completed the registration of ownership transfer on the same day to the non-real estate trust based on the above trust.

On August 10, 2011, the Korea Financial Savings Bank was changed into the Korea Financial Savings Bank among the first first beneficiary under the above trust agreement.

(hereinafter referred to as "the Bank of this case" collectively with each of the above banks.

This case was interrupted several times due to the payment of the construction cost, etc., and B was not paid the construction cost by the contractor.

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