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(영문) 서울중앙지방법원 2015.04.09 2014가합507346
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Edrid Construction Co., Ltd. (hereinafter “Edrid Construction”)

2) The apartment of this case (hereinafter “the apartment of this case”) is composed of the C apartment of six units with a total of 540 units on the ground of the 19 parcels, B and 19 parcels.

) A new project (hereinafter referred to as “instant project”)

(2) On January 3, 2014, the Plaintiff prepared a notarial deed of promissory notes (hereinafter “notarial deed of promissory notes in this case”) with respect to promissory notes as “the issuer’s e-mail construction, the Plaintiff, the Plaintiff, the face value of KRW 120,000,000, and the issue date of the issuance date on December 26, 2013” between the e-mail Construction and the issuer, a notary public drafted a notarial deed of promissory notes (hereinafter “notarial deed of promissory notes in this case”).

B. On July 31, 2012, 201, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

) A sole-young Co., Ltd. (hereinafter referred to as “one-young”).

In order to secure the obligation to be borne by the Defendant, the Defendant’s preservation and management of the trusted real estate and the disposal and settlement of the trusted real estate in the event of nonperformance such as Eddrid Construction, etc., 90 apartment houses listed in the attached Table 1 (hereinafter “instant trusted real estate”).

As to the security trust agreement (hereinafter “instant security trust agreement”) with the following content:

(i)Article 3 (Trust Period) ① The period of trust is as shown in Annex 2-1 (18 months from the date of conclusion of a trust contract), and the beneficiary and the trustee may extend the period by mutual agreement before the termination of the trust. Article 7 (Beneficiary and Priority Beneficiaries) ① The Edrid Construction is to designate the beneficiary and Priority Beneficiary as shown in Annex 2 by trust contract (the beneficiary and Priority Beneficiary are collected from the beneficiary and the Priority Beneficiary, and the Savings Bank, etc., and the Second Priority Beneficiary are personal interests.

(i) Article 9 (Preferential Beneficiary);

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