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(영문) 대전고등법원(청주) 2020.11.17 2020나1579
추심금
Text

The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. Each management-type land trust contract 1) F Co., Ltd. (hereinafter “F”).

A) Around January 2016, with the Defendant, for the purpose of newly constructing five urban-type residential housing units on the land outside the Gu of Cheongju-si, the Cheongju-si, and managing and operating them, and paying the trust benefits to the beneficiary, the truster, beneficiary, and contractor F, the Defendant, the trustee, and the joint first priority beneficiary to four lending financial institutions, and the compulsory performance guarantor, Inc. I (hereinafter referred to as “I”).

2) The first trust contract for management-type land was concluded (hereinafter “instant trust contract”).

(2) On January 2016, I entered into a management-type land trust contract with the Defendant for the purpose of newly constructing four urban-type residential housing units on the land outside J of Cheongju-si, the Cheongju-si, and managing and operating them, and paying trust benefits to the beneficiary.

(hereinafter “instant 2 Trust Contract”). (b)

(1) On January 10, 2017, Plaintiff D, based on the executory exemplification of the payment order in the construction cost case No. 2016 tea3244, Jan. 10, 2017, Plaintiff D, the third debtor, “F, out of the deposit deposited by Defendant for the liquidation of taxes, value-added taxes, etc., the amount until F, out of the deposit deposited by the Defendant, was KRW 841,358,560, out of the bonds which the Defendant would have to be returned from the Defendant, was issued a seizure and collection order under Cheongju District Court 2017,104, and the above collection order was served on the Defendant on January 13, 2017. However, Plaintiff D revoked on November 17, 2017, and waived the seizure and payment order based on the executory force of the Plaintiff Company A (hereinafter “Plaintiff”) on June 25, 2018.

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