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(영문) 서울중앙지방법원 2016.11.29 2015가단5394774
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 30, 2004, the Defendants: (a) changed the trade name to a pan engineering architectural office, Co., Ltd.; (b) on February 3, 2004, the Defendant completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the real estate of 151.615 square meters (hereinafter “instant real estate”) on the second floor of the Gangnam-gu Seoul District Court’s 6099 as to the deposit money of 80,000,000 won among the second floor of the building C on the ground of Gangnam-gu Seoul; and (c) on December 31, 2005, registered the establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) with respect to the right to lease on a deposit basis as of December 31, 2005.

After that, on December 31, 2010, the term of the right to lease on a deposit basis of this case and the return period were changed on December 31, 201, and the registration of change (No. 7958, Feb. 4, 2009) was completed.

B. On February 26, 2004, the non-party company obtained a general loan from the Seoul Mutual Savings Bank (hereinafter “Non-party Savings Bank”) and completed the registration of establishment of the right to lease on a deposit basis (Seoul Central District Court No. 13948, hereinafter “the registration of establishment of the right to lease on a deposit basis”) with the non-party Savings Bank as the secured debt with respect to all debts owed by the non-party Savings Bank to the non-party Savings Bank as the secured debt. The non-party company completed the registration of establishment of the right to lease on a deposit basis (the right to lease on a deposit basis of this case, the right to lease on a deposit basis of this case, the right to lease on a deposit basis).

C. On September 26, 2013, Nonparty Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy.

The Plaintiff requested the Seoul Central District Court 2015TTTT 201709 to order the seizure and collection of the claim against the Defendants of the non-party company and the non-party company, the third debtor by subrogation, and received the decision on June 24, 2015 (hereinafter referred to as the “instant seizure and collection order”), and the above decision.

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