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(영문) 서울중앙지방법원 2010.09.15 2009가합54336
매매대금반환 등
Text

1. The defendant (Appointeds) and the designated parties jointly and severally for KRW 11,590,130,193 and KRW 7,590,130,193 among them.

Reasons

1. Determination on the claim for refund of deposit for lease

A. 1) The Plaintiff’s real estate indicated in the separate sheet (hereinafter “instant real estate”) between the designated parties and the designated parties on December 9, 2005.

Of the above, a lease contract was concluded with a deposit of KRW 10 billion with respect to the first and third underground floors, and thereafter, on August 31, 2006, the amount of security deposit was increased to KRW 20 billion, and the Defendant (the appointed party; hereinafter “Defendant”).

) The Appointor jointly and severally guaranteed the obligation to return the lease deposit to the Plaintiff (hereinafter the above lease agreement is referred to as “instant lease agreement”).

(2) Meanwhile, on October 29, 2003, the designated parties entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the instant real estate (hereinafter “instant trust agreement”) and set the designated parties as the beneficiary of the trust principal and trust proceeds. On June 29, 2005, the Military Mutual Aid Association established the Military Mutual Aid Association as the first priority beneficiary (debtor Co., Ltd.) under the instant trust agreement. On October 2, 2008, the Military Mutual Aid Association applied for a public sale procedure on the instant real estate on the ground that the secured interest under the obligation to pay the secured obligation to the above C Co., Ltd. was lost (the above application reached the land trust agreement with Korea on October 6, 2008), and the Plaintiff was awarded a successful bid as the purchaser of the instant real estate and received the registration of ownership transfer as to the instant real estate on June 26, 2008.

3) In order to secure the right to return the above lease deposit upon the conclusion of the instant lease agreement, the Plaintiff was granted a preferential right to benefit amounting to KRW 20 billion under the instant trust agreement. The Plaintiff received dividends of KRW 16,409,869,807 out of KRW 20 billion of the lease deposit in the said public sale procedure. [In the absence of any dispute over the grounds for recognition, entry in the evidence Nos. 3, 5, 6, and 7, respectively.]

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