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(영문) 서울중앙지방법원 2016.10.20 2016가합3558
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 31, 2002, Korea Co., Ltd. (hereinafter referred to as the “instant project site”) will promote and implement the new construction and sale of a primary complex building. The instant project site shall be set forth as “the instant project site” between the KB real estate trust company and the KB real estate trust company.

A) On the above ground, a trust contract for a business of constructing and selling a main complex building on the above ground was concluded, and on the same day, the registration of ownership transfer was completed with respect to the instant project site based on the above trust contract to the K non-real estate trust company. (2) The K non-real estate trust company was unable to pay the construction cost any longer to the construction contractor on the ground of the lack of trust property around October 2004, and eventually, both the China-U.S. and the K non-real estate trust company were treated as default.

3) In such a situation, the KF real estate trust company disposed of the instant project site and the buildings under construction on the above ground in accordance with the above trust agreement. In the above public sale procedure, MD was decided to have purchased the instant construction site. The MDD Co., Ltd. fully pays all the remainder after taking over the buyer’s status from Mddrid Co., Ltd., and completed the registration of ownership transfer as to the instant project site on May 28, 2007 (the building under construction on the ground was not a situation that can be registered at the time of the transfer of ownership by RD Co., Ltd. (the building under construction on the ground was a 85% high-

4) H&D Co., Ltd. is the Acheon Construction Co., Ltd. (the trade name at that time was the Doyang Construction Industry Co., Ltd.) and the Defendant (the trade name at that time was the Daol Real Estate Trust, but the trade name was changed to the Daol Trust Co., Ltd. on March 17, 2009; on March 25, 2010, the trade name was changed to the Daol Trust; on December 5, 2013, the trade name was changed to the Daol Trust; and on December 5, 2013).

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