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(영문) 수원지방법원성남지원 2016.02.04 2015가합206566
집행판결
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On November 6, 2009, the Military Personnel Mutual Aid Association, which entered into a business promotion agreement and trust contract, entered into a business promotion agreement with B to transfer all kinds of rights held by the Military Personnel Mutual Aid Association in connection with the business of the complex development project of Seongdong-si to B, and made B to implement the above business, and B paid KRW 370 billion to the Military Personnel Mutual Aid Association in accordance with the business promotion agreement by borrowing KRW 170 billion from the first limited liability company (hereinafter referred to as the "first limited liability company") of the crowdfunding south-si, and the crowdfunding Nam-nam borrowed KRW 200 billion from the next limited company (hereinafter referred to as the "second limited liability company") and paying KRW 370 billion.

On the same day, the Military Personnel Mutual-Aid Association concluded a business agreement with B and crowdfunding investment securities company, and issued a payment guarantee letter as of November 23, 2009, which guarantees B’s obligations for the loans.

B On May 18, 2010, between Defendant, 1, and 2, with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant trust agreement”) as follows, B entered into a real estate disposal trust agreement (hereinafter “instant trust agreement”) with Defendant, 1, and 2, Military Personnel Mutual-Aid Association, and Yang Yong Construction Co., Ltd. (hereinafter “B”), and completed the registration of ownership transfer based on the trust with respect to the instant real estate on the same day:

A truster under a real estate disposal trust contract for the beneficiary B: The beneficiary B of the first priority: the first beneficiary of the second priority: Article 3 and 4 of the Military Personnel Mutual Aid Association: The beneficiary of the second priority beneficiary of the second priority beneficiary of the second priority beneficiary of the second priority beneficiary: The Construction B (hereinafter referred to as the "Entrusteder") trust the real estate of this case (hereinafter referred to as "trust real estate") to the defendant (hereinafter referred to as the "trustee"), the trustee takes over the real estate of this case, and the trust proceeds are provided to B (hereinafter referred to as the "beneficiary"), as follows, a real estate disposal trust contract (hereinafter referred to as the "trust") is concluded:

Article 1 (Trust Purpose).

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