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(영문) 서울중앙지방법원 2017.07.19 2016가합562088

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 purpose of this trust is to preserve and manage the trust real estate and to realize and settle the trust real estate when the debtor fails to perform his/her obligations, in order to guarantee the management of ownership of the trust real estate and the fulfillment of obligations or liabilities owed by C (including the debtor, if any; hereinafter the same shall apply).

Article 7 (Priority Rights of Preferential Beneficiaries) (1) The scope of the right to benefit held by the preferential beneficiary shall be limited to the loan principal and interest (including interest in delay) of the preferential beneficiary who has changed due to credit transactions between the beneficiary on the basis of the certificate of right to benefit issued by the defendant and the debtor (Additional 2-3).

(2) The priority beneficiary shall have the right to profit within this limit, with the maximum of the attached value No. 2-4 as stated in the certificate of beneficial rights created by the defendant.

(3) The preferential beneficiary's right to benefit with respect to the trust principal shall take precedence over the truster's right to benefit.

Article 15 (Calculation of Trust and Delivery of Proceeds) (1) The calculation date of trust property shall be December 31 of each year and the date on which the trust is closed, and the defendant shall prepare, notify the beneficiary of the receipt of the relevant period, and deliver the trust proceeds in kind.

Article 17 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, the real estate in trust may be disposed of at the request of the priority beneficiary, even if before the expiration of the period of trust:

Provided, That where the truster additionally provides real estate deemed sufficient to secure the claims of the preferential beneficiary due to the occurrence of a cause under subparagraph 3, it shall not be disposed of.

1. Where it violates credit transactions concluded between the priority beneficiary and the truster;

2. When the trust contract is violated;

Article 21 (Settlement of Proceeds from Disposal of Property, etc.) (1) The defendant shall liquidate the trusted real estate.