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(영문) 부산고등법원 2018.02.08 2016나738
추심금 등
Text

1. The judgment of the court of first instance is modified as follows.

The building indicated in the attached list between the defendant and C.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”)

2) On September 25, 2009, the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff and the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff.

(2) On March 30, 2010, C entered into a real estate security trust agreement with K non-real estate trust company (hereinafter “K non-real estate trust”) and completed the registration of ownership transfer due to trust in the future of K non-real estate trust.

Under the above trust contract, the forest-dong Saemaul Fund and the Seosan Saemaul Fund become the priority beneficiary, and C becomes the beneficiary of the trust principal and the trust proceeds.

Since then, the contents of the above trust contract were modified as follows:

On March 30, 2010 on March 30, 2010, the first beneficiary of the lump-sum trust principal and the second priority of the profit-making premium, and the second priority of the second priority, the Seocho-dong Saemaul Community Credit Cooperative KRW 1.50 million on April 14, 2010, the amount of KRW 1.55 billion on April 14, 2010, and KRW 1.68 billion on July 2, 2010, the amount of KRW 1.68 billion on July 2, 2010, Defendant Seo-dong Saemaul Community Credit Cooperative KRW 1.68 billion on July 2, 2010, KRW 1.68 billion on July 2, 2010, the building of KRW 2.6 billion on July 2, 2010 (the building of KRW 1.68 billion on October 7, 2010, the building of KRW 2.68 billion on July 26, 2010.

(B) A new construction was made. (B) On May 24, 2011, the Defendant drafted a memorandum of understanding while deciding to grant a loan of KRW 767,8520,000 to C on May 24, 2011 as the due date for repayment of six months.

The evidence No. 1 of this case, hereinafter referred to as “instant MOU,” and among the contents of the above MOU, the following paragraphs 1.

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