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(영문) 울산지방법원 2018.08.23 2017가합20421
약정금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff V Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a company engaging in construction business, etc., and the rest of the Plaintiffs except the Plaintiff Co., Ltd. (hereinafter “Y”) is a person who owned land or buildings located in the project site of the apartment-family housing construction project (hereinafter “existing project”) promoted in Ulsan-gu, Ulsan-gu, and 442 lots of land. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) and Y are companies engaging in each housing construction project, etc.

B. On December 26, 2007, Y is the lender of this case (hereinafter “the lender of this case”) for the purpose of raising funds necessary for the instant business on December 26, 2007.

(2) On December 28, 2007, Y concluded a trust agreement with AB (hereinafter “AB”) on the existing project site and its ground buildings (hereinafter “instant trust real estate”) to secure the above loan, and Y set the first priority right of 123.5 billion won to the lender of the instant case, and the Plaintiff Company set the second priority right of 123.5 billion won to the Plaintiff Company, respectively.

(hereinafter “instant trust contract”). C.

On April 4, 2013, the Ulsan Metropolitan City Mayor rejected the application for approval of a business plan on the ground that Y did not supplement the deficiencies regarding the application for approval of the existing business plan. 2) The lender of this case requested AB to proceed with the public auction procedure for the instant trust real estate, and AB followed the public auction procedure on June 24, 2013.

3. As to the instant trust real estate.

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