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(영문) 서울중앙지방법원 2015.02.05 2013가합559296
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. The Plaintiff’s claim 1 against Edrid Construction Co., Ltd. (hereinafter “Edrid Construction”)

2) The apartment of this case (hereinafter “the apartment of this case”) is composed of the C apartment of six units with a total of 540 units on the ground of the 19 parcels, B and 19 parcels.

) A new project (hereinafter referred to as “instant project”)

2) On June 17, 2013 between the Plaintiff and Edrid Construction, a promissory note No. 329 was drawn up between the Plaintiff and Edrid Construction, stating that “When a notary public delays the payment of the amount of a promissory note to the bearer of the said promissory note, he/she shall be deemed to have no objection even if he/she is immediately subject to compulsory execution” (hereinafter referred to as “notarial deed of this case”) with respect to a promissory note as “the bearer of the said promissory note,” which read as “the issuer, the Plaintiff, the face value, 480,000,000,000 won at issue date, June 17, 2013, and Seoul Special Metropolitan City,” the date of issue, June 17, 2013.

B. On July 31, 2012, 201, e.g., e., e., e., e., e., e. e., e., e., e., e., e., e., e., e., e

2) As to the Plaintiff’s savings bank, the Savings Bank and five savings banks (hereinafter “the Savings Bank, etc.”) were collected by Edrid Construction, etc.

) A sole-young Co., Ltd. (hereinafter referred to as “one-young”).

In order to secure the obligation to be borne by the Defendant, a security trust agreement (hereinafter “instant security trust agreement”) for the purpose of preserving and managing the above apartment and disposing of and settling the above apartment in the event of the nonperformance of the Edrid Construction, etc.

The key contents of the instant security trust agreement are as follows. Article 3 (Trust Period) (1) The trust period is as set forth in attached Table 2-1 (18 months from the date of conclusion of the trust contract), and the beneficiary and the trustee may extend the period by mutual consent before the termination of the trust.

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