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(영문) 서울서부지방법원 2020.07.21 2020가단223999
공탁금 출급청구권 확인
Text

1. The deposit money deposited with the Seoul Western District Court deposit officer No. 410 on February 4, 2020.

Reasons

1. Basic facts

A. On April 20, 2018, Nonparty F Co., Ltd. (hereinafter “F”) entered into a credit transaction agreement with E Co., Ltd. (hereinafter “E”) with a credit limit of KRW 1,00,000,000, and the credit period from April 23, 2018 to April 23, 2019.

(hereinafter “instant claim”). (b)

On the other hand, on April 23, 2018, the Defendants, for the purpose of securing the instant claim, became the first priority beneficiary of the instant collateral trust agreement, with respect to the buildings with a size of 10,578 square meters of G factory site and ground (hereinafter “instant real estate”) owned by the Defendants in Seopopo-si, Seopo-si, Seopo-si (hereinafter “instant real estate”; the co-ownership shares are Defendant B, C, 25/100, and Defendant D50/100). Meanwhile, considering Article 36 of the Trust Act, E (the amount of KRW 1.20 million issued in a certificate) and H (the amount of KRW 36 million issued in a certificate) were the first priority beneficiary of the instant

The real estate security trust contract (hereinafter referred to as the "mortgage trust contract of this case") shall be concluded, and the trust registration of which E is the trustee on the same day shall be completed.

C. F and E extended the maturity of the instant claim by July 23, 2019. Around April 2019, an agreement was concluded to change the rate to 3.3% of the base interest rate into 3.3% of the CD 91, and the Defendants expressed their intent to consent to the said change as a secured party, but F failed to repay the instant claim at the said maturity.

On the other hand, on September 10, 2019, the Plaintiff repaid the instant claim with the consent of F and E, a trustee, and notified the Defendants that E, as a priority beneficiary, transfers the entire right to benefit under the instant collateral trust agreement to the Plaintiff as a priority beneficiary.

E. Meanwhile, in the position of trustee, E took the procedure for the public auction of the instant real estate, and E, a trustee, received KRW 1,712,050,000 from the sale price of the instant real estate on January 2, 2020 and received KRW 1,712,050,000 as the trustee.

F. Defendant B raised an objection to the scope of the Plaintiff’s preferential right to benefit, etc., and Party B raised a dispute.

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