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(영문) 서울중앙지방법원 2018.06.01 2017가합536505
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C On October 12, 2007, a promissory note with face value of KRW 800 million was issued to the Plaintiff. A notary public prepared a notarial deed on October 12, 2007 with DD No. 571 on October 12, 2007, and again issued a promissory note with face value of KRW 52,50,000 to the Plaintiff on February 28, 2008. A notary public drafted a notarial deed on the said promissory note as No. 110 on February 28, 2008.

On November 21, 2005, E Co., Ltd. (hereinafter referred to as “E”) purchased and completed the registration of ownership transfer on February 22, 2006, and completed the registration of ownership transfer on each of the above lands to G Co., Ltd. (hereinafter referred to as “G”) due to trust.

On February 26, 2009, based on the notarial deed of promissory note dated February 28, 2008, the Plaintiff received a seizure and collection order against the money (Seoul Central District Court 2009Da5478, hereinafter “the first collection order”) from G to KRW 52,50,000 out of the above sales price claim received from G with respect to the portion of the sales price of the sales price of the sales price of the sales price of the sales building being newly constructed after G’s implementation of E to be paid from G, and management of funds by G. The above collection order was delivered to G around that time.

The trustee of each of the instant lands was changed from G to J Co., Ltd. on March 18, 2011, and changed from March 5, 2013 to the defendant.

On November 1, 2016, the Plaintiff: (a) directed the Plaintiff, debtor C, and third debtor as the Defendant on the notarial deed of promissory notes dated October 12, 2007, against “the amount of money up to KRW 800,025,80, out of the bonds, such as the sale price, etc. held by C and the Defendant for the new construction site, such as the Seoul Special Metropolitan City K department store (the commercial building in this case).”

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