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(영문) 서울중앙지방법원 2014.12.11 2014가합514597
매각절차이행 등
Text

1. Defendant Asian Trust Co., Ltd. is a trust agreement as of July 3, 2008 with respect to each real estate listed in the separate sheet.

Reasons

The Defendants’ determination on the main safety defense of the Defendants is impossible to enforce compulsory execution in the case of the part seeking the implementation of the procedure for disclosure sale among the Plaintiff’s claims. Thus, there is no evidence to deem that the Defendants’ obligation to implement the procedure for public sale by Defendant Asian Asset Trust Co., Ltd. (hereinafter “Defendant Trust Co., Ltd.”) under the same method as indicated in the attached Form as indicated in the Plaintiff’s claim constitutes a case where compulsory performance

Rather, the above obligation is a duty of commission, and it seems that it can be indirectly forced pursuant to Article 261 of the Civil Execution Act.

Therefore, the defendants' defense is without merit.

(1) The Plaintiff asserted that the Plaintiff’s claim is unlawful because it does not specify the purport of the claim, but the Plaintiff specified the method of disclosure sale in a relatively specific manner through amendment of the purport of the claim thereafter, and thus, this part of the Defendants’ assertion is not accepted). The Plaintiff, on July 3, 2008, sold each real estate (hereinafter “each real estate of this case” and “each real estate of this case”) listed in the separate sheet at KRW 80.8 billion (hereinafter “the sales contract of this case”) to the Plaintiff on July 3, 2008. The estimated L&C paid the down payment of KRW 24.9 billion to the Plaintiff on the day of the contract.

For the purpose of paying the down payment of KRW 24.9 billion in the instant sales contract, the estimated L&C borrowed KRW 27 billion in total from the Defendant Hyundai Securities Co., Ltd, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”), the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), and the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), and the Defendant Hyundai Securities Co., Ltd, the Gyeonggi Savings Bank, the Promotion Savings Bank, and the Korea Savings Bank, collectively, “the instant lender”). The amount of KRW 27 billion in total is below Sung Construction Co., Ltd.

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