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(영문) 제주지방법원 2019.06.20 2018가합10421
공탁금 출급청구권 확인
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.”

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