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(영문) 서울중앙지방법원 2015.08.27 2014가합582699
공제금지급
Text

1. The defendant shall be KRW 17,621,265,400 to the plaintiff Korea Securities and Exchange Corporation, and KRW 112,982,47 to the plaintiff A limited liability company and KRW 177.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff Korea Securities Finance Corporation (hereinafter “Plaintiff Korea Securities Finance Corporation”)

The Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”)

(B) Nonparty B Co., Ltd. (hereinafter referred to as “B”).

(1) The Korean Private Equity Real Estate Investment Trust (hereinafter referred to as the “instant investment trust”) created by the private equity fund.

(1) The Plaintiff A limited liability company (hereinafter “Plaintiff A”) is a trust company under the Capital Markets Act.

(2) The Defendant is a non-profit corporation that has been established pursuant to the Community Credit Cooperatives Act and carries out mutual aid business, etc., as a subsidiary of B, which aims at passenger automatic terminal business under the Passenger Transport Service Act.

B. (1) On February 10, 2012, C Co., Ltd. (hereinafter “instant building”) owned by the Plaintiffs Company C is a building of the fifth five-story above ground level D located in Seoyang-gu, Seoyang-gu, Busan (hereinafter “instant building”).

(2) On March 10, 2014, the Plaintiff Korea Securities Finance entrusted the instant investment trust to Asian Trust Co., Ltd., and, on March 10, 2014, purchased 151/175 shares in the instant building from Asian Trust Co., Ltd., the entire 1 through 7th and the 151/175 shares in the instant bus terminal, and the Plaintiff Co., Ltd completed each registration of transfer of ownership on March 28, 2014, respectively. (2) The Plaintiff Korea Securities Finance succeeded to the status of lessor under the existing lease agreement with E Co., Ltd. and other small stores, and the status of truster under the existing G Terminal Operation Entrustment agreement with F Co., Ltd., respectively.

B on December 18, 2013, the first floor above the instant building was leased to H Co., Ltd. (hereinafter “I”) on February 27, 2014, and the first floor above the instant building was leased to I Co., Ltd. (hereinafter “I”), and the Plaintiff Korea Securities Finance acquired the lessor status under the instant lease agreement according to B’s management instruction.

3. ...

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