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(영문) 서울중앙지방법원 2017.01.20 2015가합8013
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 14, 2008, the “sale-type land trust contract” with the Defendant and the “sale-type land trust contract” was concluded with respect to the business that the non-party company newly built and sold the apartment in Seongbuk-gu Seoul Metropolitan Government B (hereinafter “instant trust business”).

B. On May 7, 2008, in order to secure the above loan obligations, the non-party company established a pledge right on the right to benefit under the land trust agreement against the defendant of the non-party company, the non-party company established the above pledge right as stated in the following table, the securities company, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Hyundai Switzerland Mutual Savings Bank, Mutual Savings Bank, one of the mutual savings banks, and the third party Mutual Savings Bank, which received a total of KRW 75 billion from the mutual savings bank, and established a pledge right on the right to benefit under the above land trust agreement, and the defendant accepted the above pledge creation on May 16, 2008.

On April 14, 2008, the Securities and Exchange Resolution Co., Ltd., Ltd., with the first priority of 54 billion won and 70.2 billion won, around April 23, 2008, in Hyundai Ssash Mutual Savings Bank, with the second priority of 2 billion won on April 23, 2008, with the second priority of 15.6 billion won on April 23, 2008, one of the mutual savings banks with the second priority of 2 billion won and 7.8 billion won on April 23, 2008, with the second priority of 2 billion won on April 23, 2008.

C. On March 31, 2011, a new financial investment company (formerly: a securities company, which had been issued with the trust), Hyundai Ss Savings Bank, and Hyundai Ss Savings Bank, which transferred or re-transfer the loan claims and the pledge rights against the non-party company (formerly: a securities company, which had been issued with the trust rights prior to the change), was against the non-party company.

Around that time, the parties transferred the loan claims and the pledge rights stated in the claim, and notified the Defendant of them, and Skerkidi Co., Ltd. on March 31, 201, the above transfer claims and the pledge rights.

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