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1. The trust contract between the Plaintiff and the Defendant Bankrupt Company C, and the trust contract described in the attached Table No. 1.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) is an executor who carries out the instant project for constructing a new apartment lot on five parcels outside the F of Busan Seo-gu, Busan (hereinafter “instant project”). On January 5, 201, Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a sale-type trust agreement (hereinafter “instant trust agreement”) with the aim of trusting the instant project site to Defendant E Co., Ltd. and disposing of the building constructed on the said site as trust property.
B. B, upon receiving a loan necessary for the instant project from D Co., Ltd. (hereinafter “Saving Bank”), concluded a first priority pledge agreement with the maximum debt amount of KRW 8,540,000 with respect to the trust interest held under the instant trust agreement, and Defendant E consented to the establishment of the said pledge.
C. On March 30, 201, B, the Plaintiff, and the Savings Bank concluded a joint-order pledge contract with the content that, with respect to the trust right under the instant trust contract, the maximum debt amount of KRW 7 billion and the obligor B, the Plaintiff’s claim for the transfer of business rights amounting to KRW 2.1 billion against the G corporation of the Savings Bank, the savings bank’s claim for loans amounting to KRW 4.9 billion against the G corporation of the Savings Bank as each secured claim, and the Savings Bank concluded a joint-order pledge contract with the content that, with the Plaintiff’s share of KRW 7,900, and the Plaintiff’s share of KRW 2,100,00 (hereinafter “instant joint-pledge”). Defendant E consented to the establishment of the said pledge.
After the completion of the sale of this case, Defendant E completed the repayment of the first pledge on February 19, 2014 with the proceeds from the trust of the instant business. The joint pledge of this case was intended to repay, but no agreement was reached between the Plaintiff and the joint pledgee on the standards for allocation of trust proceeds out of the share ratio and the actual amount of the trust proceeds ratio.
Accordingly, the plaintiff and the defendant B's bankruptcy trustee C (hereinafter "the defendant B") and the defendant B's bankrupt bank trustee below the Korea Deposit Insurance Corporation.