Text
1. On December 6, 2017, Jeju District Court Decision 513,770,225 won deposited by Jeju District Court No. 2178 of 2017.
Reasons
1. Facts of recognition;
A. (1) Defendant B’s execution of the instant trust agreement is to promote the new construction and sale of K apartment on the ground of 29 parcels, including Seopo-si J, Seopo-si, Seopo-si, and Defendant B’s implementation on October 14, 201 (hereinafter “I”).
2) The trust agreement for the sale of the above land and the sale-type trust agreement for the above land (hereinafter “instant trust agreement”).
(2) Article 15(1) of the instant trust agreement provides that “Defendant B shall not transfer, succeed, or pledge the right to benefit without the I’s consent.”
(hereinafter “instant special agreement”). B.
On December 27, 2013, Defendant B issued a notice to Defendant B stating that “The claim for KRW 260,000,000, out of the trust proceeds (hereinafter “instant trust proceeds”) to be paid by Defendant B pursuant to the instant trust agreement, shall be transferred to Defendant B by content-certified mail.” On the same day, Defendant B sent the notice to Defendant B by content-certified mail on December 31, 2013. The said notice was served to Defendant B on December 31, 2013. (2) On January 6, 2014, Defendant B sent the notice to L, stating that “The claim for KRW 390,000,000, out of the instant trust proceeds, shall be transferred to L” and sent to I by content-certified mail on February 27, 2014.
The above mail was served to I on February 28, 2014.
3. On March 24, 2014, Defendant B prepared a notice to the effect that “a claim against KRW 160,117,200, out of the instant trust proceeds, shall be transferred to the Plaintiff”; ② a notice to the effect that “a claim against KRW 205,643,70, out of the instant trust proceeds, shall be transferred to Defendant D”; ③ a notice to the effect that “a claim against KRW 162,672,180, out of the instant trust proceeds, shall be transferred to Defendant E”; and ③ a notice to the effect that “a claim against KRW 162,672,180, out of the instant trust proceeds
All of the above postal services were served to I on March 26, 2014.
C. The purport of “a claim for KRW 390,000,000 out of the trust proceeds of this case transferred by L according to the notice of January 6, 2014,” in the name of L in the L’s name of transfer and takeover of claim.”