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(영문) 서울남부지방법원 2016.02.05 2015가합106272
지분분배 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From around 2010, C entered into a real estate trust agreement with the trustor C, Si Construction, Trust, and Agency Agency Co., Ltd., Ltd., Daol Real Estate Trust, and Loan Financial Institutions, Inc. (hereinafter “Korea Bank”) to carry out the business of newly constructing and selling complex facilities on the ground of the Nam-gu Incheon Metropolitan City D (hereinafter “instant business”), and designated the Bank as the first beneficial interest under the above contract, and conducted the instant business by obtaining loans from the Korean Bank through project financing, and was suspended at the end of 2010.

B. At around 2013, our bank decided to sell a claim against C (the face value of KRW 6.37 billion; hereinafter “instant claim”) including the first priority right to benefit related to the instant business, and the Defendant sold the instant claim at the price of KRW 2.91 billion on November 21, 2013, and paid the sales price and accepted the said claim.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The plaintiffs asserted that while entering into a business transfer agreement with C on the instant business and suspending the business, they will acquire the instant claims from our bank and continue to conduct the business. On October 2013, 2013, Police Officers and the plaintiffs analyzed information on the instant claims and acquired the instant claims from our bank in the name of the defendant by raising funds from our bank. The defendant recognized KRW 2,300,000 as invested by the plaintiffs in the instant business, and agreed to distribute 50% of the profits accrued from the acquisition of claims by the plaintiffs and the defendant, respectively.

Pursuant to the above agreement, the Plaintiffs shall conclude an advisory contract on the instant claims and based on the results of advisory.

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