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(영문) 서울중앙지방법원 2015.10.22 2015가합528999
정산금
Text

1. The plaintiff A corporation:

A. Defendant C is from May 16, 2015 to October 22, 2015, as well as KRW 117,145,80.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 6 (including paper numbers).

Around December 26, 2008, 008, G (hereinafter referred to as “instant Contac”) was newly constructed in the Filwon-gun, Gangwon-do, Seoul Special Metropolitan City on December 26, 2008.

On January 14, 2009, around the time of completion of the registration of an aggregate building with respect to the instant container, on January 14, 2009, the instant container entered into a trust agreement (hereinafter “instant trust agreement”) with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) with respect to the land adjacent to the instant container, including 158 partitioned buildings of the instant container and 477 square meters in size, etc., and accordingly, the registration of ownership transfer was completed in the name of Korea Asset Trust Co., Ltd with respect to the said 158 partitioned building.

The instant trust agreement was concluded for the purpose of providing security for the Plaintiff D, C and I, Plaintiff A Co., Ltd (hereinafter “Plaintiff A”), and the Plaintiff B, which lent the new construction fund of the instant containers to White L&C. As such, the instant trust agreement was determined as Defendant D, C (1.3 billion won for each beneficiary of the first priority beneficiary, Defendant D, C (1.3 billion won for the amount of profit-making limit), first beneficiary of the second priority beneficiary (780 million won for the amount of profit-making limit), second priority beneficiary of the second priority beneficiary, and the Plaintiffs of the third priority beneficiary (the amount of profit-making limit of 750 million won for each of the Plaintiffs).

B. Since the sale of the instant containers by the public auction of 105 sections of the instant containers, around February 24, 201, Defendant C and D applied for a public auction of 105 sections of the instant containers, which had not been sold until then among the 158 sections of the sections of the trust, to the Korea Asset Trust, and accordingly, the Korea Asset Trust had 105 sections of the said sections of the public auction, but the public auction continued to be inspected on February 8, 2012.

On the other hand, Defendant E Co., Ltd. (hereinafter “Defendant E”) was established on May 15, 2012.

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