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(영문) 부산지방법원동부지원 2016.09.08 2016가합553
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On February 7, 2013, a limited engineering company for trust rights to the Defendant, a limited engineering company for limited engineering (hereinafter “limited engineering company”) concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant, stating that the Defendant and the Defendant would be the subject of rights and obligations as the project undertaker within the scope of trust property, and that the Defendant would contribute to the project and pay the beneficiaries the proceeds accruing from the management and operation of trust property (hereinafter “instant trust agreement”).

Limited Engineering acquired the right to receive trust benefits as a truster and beneficiary at the time of termination of the pertinent project (hereinafter “instant trust interest”) in accordance with the instant trust agreement, and designated B&C as the first beneficiary who can receive trust benefits in preference thereto, Gyeongnam Bank as the first beneficiary, Gyeongnam Bank as the Si Corporation as the first beneficiary, Gyeongnam Bank as the second first beneficiary, and 3 first beneficiary.

B. On April 7, 2015, the Plaintiff obtained a provisional attachment order regarding the amount up to the above claim amount among the trust interest (trust land) of the limited engineering of this case (trust land) under the Changwon District Court Decision 2015Kadan825, on April 7, 2015. The Plaintiff was served on the Defendant on April 8, 2015. The Plaintiff also received a provisional attachment order on the amount up to KRW 769,068,490 among the trust interest (trust building related to trust building) of the limited engineering of this case, with the same guarantee claim as limited engineering as preserved right. The Plaintiff was also served on the Defendant on July 30, 2015, on July 30, 2015, with the same guarantee claim as limited engineering of limited engineering as preserved right, and the Plaintiff was served on the Defendant on July 31, 2015.

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