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(영문) 서울중앙지방법원 2016.03.16 2015가합564995
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Non-Party Asset Management Corporation (hereinafter “Non-Party Corporation”) is a non-Party Corporation Ami Development (hereinafter “Non-Party Company”).

(2) Plaintiff 3, a trustee in bankruptcy of the bankruptcy debtor Samsung Mutual Savings Bank Co., Ltd., was granted an execution clause on the above judgment by succeeding to the status of the Korea Asset Management Corporation. (2) Plaintiff 3, a trustee in bankruptcy of the bankruptcy debtor Samsung Mutual Savings Bank, filed an application against Nonparty Co., Ltd. for a payment order on the loan claim under Seoul Western District Court Decision 201Da134709, and was awarded a favorable judgment. The above payment order was finalized as it is, and the above payment order became final and conclusive.

B. Meanwhile, on May 9, 2014, between the Defendant and the non-party company entered into a contract on the transfer and acquisition of business rights (hereinafter “instant transfer contract”) with the content that the non-party company would transfer the housing construction right to the non-party 350-dong site (hereinafter “instant business right”) to the Defendant at the time of public offering.

C. 1) Plaintiff 2: (a) was issued a seizure and collection order on January 21, 2015; (b) on January 16, 2015, with the Suwon District Court 2014TTB 30542, the non-party Company’s “the amount until it reaches the amount of KRW 20,352,610,706 out of the transfer and acquisition of business rights for the housing construction project approved at KRW 350,00,000,” which the non-party Company was against the Defendant; and (c) on January 21, 2015, the seizure and collection order was served on the Defendant on January 21, 2015; and (d) on January 20, 2015, the judgment on January 20, 2015, the Suwon District Court 2014TB 30576, the non-party Company’s transfer and acquisition right under the contract against the Defendant.

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