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(영문) 서울중앙지방법원 2018.02.07 2016나75861
추심금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1-1, 2, 2, 3, 5-1, 2, and 4-11.

On December 31, 2002, Korea Co., Ltd. (hereinafter “Co., Ltd.”) entered into a trust agreement for the business of constructing and selling a primary complex building on the ground of the instant project site with respect to the instant land and the instant land and four parcels (hereinafter “instant project site”) on the same day with the KF real estate trust Co., Ltd. (hereinafter “KB trust”), and completed the registration of ownership transfer for the instant project site on the same day.

SheBBBD ADD ADD on October 2004, due to the lack of trust property, the construction cost was no longer paid to the Young Dub Construction Co., Ltd., and eventually, the construction was in arrears.

Article 22(1) of the Civil Act provides that “The case trust” shall sell by public auction the instant project site and the buildings under construction on its ground under the above trust agreement.

In the above public sale procedure, Mad loan Co., Ltd. (hereinafter “Mad loan”) was decided as a buyer, and Madd loan Co., Ltd. (hereinafter “Maddd loan”) fully pays any balance after taking over the status of buyer from Madd loan, and completed the registration of ownership transfer on the instant project site on May 28, 2007.

Applicant Roved C&C changed its trade name on May 31, 2007 to Acheon Construction Co., Ltd. on April 29, 2008.

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

The defendant Daehan Real Estate Trust Co., Ltd. on March 17, 2009 to Dyol Trust Co., Ltd. on March 25, 2010.

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