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(영문) 서울중앙지방법원 2016.12.29 2016가단81407
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the underlying facts may be admitted, either in dispute between the parties, or in full view of the respective entries in Gap evidence 1 to 6 and Eul evidence 1 to 15 (including branch numbers), and the whole purport of the pleadings.

On December 31, 2002, Korea Co., Ltd. entered into a trust agreement for the business of building and selling a new building on the above ground between the K non-Real Estate Trust Co., Ltd. and the KB real estate trust Co., Ltd. on December 31, 2002 for the business of building and selling a new building on the above ground, and on the same day, the registration of ownership transfer was completed to KB real estate trust Co., Ltd. on the business site of this case on the same day.

(2) On October 2004, K non-real estate trust company could not pay any construction cost any longer to the franchising contractor due to the lack of trust property. Ultimately, the franchis trust company and the franchis trust company were treated in default.

(3) In such circumstances, the KF real estate trust company disposed of the instant project site and the buildings under construction on the above ground in accordance with the above trust contract by public auction.

In the above public sale procedure, Madd loan was decided as a purchaser, and Mad loan Co., Ltd. fully pays all balance after taking over the status of purchaser from Mad loan, and completed the registration of ownership transfer on the instant project site on May 28, 2007.

(4) On May 31, 2007, 198, 2007, 2007, 2007, 2007, 2007, 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000

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