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(영문) 울산지방법원 2020.06.24 2018가단63060

소유권말소등기

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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a loan agreement with H organization on June 8, 2006 (hereinafter “H”) to obtain a loan from H within the limit of 38 billion won in total amount of principal, while entering into a real estate trust agreement with a real estate trust company and a real estate trust company designated by the Plaintiff as a real estate trust agreement with a real estate trust company as to the business site designated by the Plaintiff, etc. in order to secure the performance of an obligation to be performed by H, pursuant to the agreement, the Plaintiff entered into a real estate trust agreement with the real estate trust company and the real estate trust company for the purpose of securing the performance of an obligation to be performed by H, with respect to the business site, etc. designated by the Plaintiff.

B. Accordingly, on June 8, 2006, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant security trust agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the instant real estate as the first beneficiary (the status of the first beneficiary was later transferred to the International Special Purpose Company through the Korea Asset Management Corporation) and completed the registration of transfer for ownership based on the instant security trust agreement with the Ulsan District Court No. 87351, Nov. 15, 2006 regarding the instant real estate, etc. as follows.

- Section 1 (Trust Purpose) - This trust aims to preserve and manage the trusted real estate and to liquidate the real estate in the event of default in order to ensure the ownership management of the trusted real estate and the performance of the liabilities or responsibilities owed by the trusters.

Article 26 (Duty of Good Faith and Liability for Warranty) (1) A trustee shall have the duty of due care as a good manager in respect of the preservation, management and other trust affairs of real estate trusted, and a truster shall assume the responsibility for any defects

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