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(영문) 서울고등법원 2016.05.13 2015나2048731

채권양도무효확인

Text

1. The plaintiff's appeal shall be dismissed and the plaintiff's lawsuit added in the trial shall be dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff completed each registration of the transfer of ownership on August 17, 200 with respect to the real estate listed in paragraph (1) of the attached Table No. 1, 1998 and Paragraph (2) of the same Table (hereinafter referred to as “each real estate of this case”) as to the real estate listed in the attached Table No. 1, 1998.

On February 2, 2010, the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with a trust company (hereinafter “trust company”) and completed the registration of ownership transfer based on the name of the trust company on February 3, 2010.

B. The main contents of the instant trust agreement are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve the ownership and security value of real estate held in a trust through Defendant New Real Estate Trust in order to guarantee the fulfillment of obligations and responsibilities borne by the Plaintiff, and to settle the settlement of the Plaintiff’s default.

Article 7 (Right to Benefit of Preferential Beneficiaries) (1) The scope of profit of the right to benefit held by the preferential beneficiary shall be the principal, interest, delay damages, etc. of the preferential beneficiary who has changed due to credit transactions between the preferential beneficiary and the plaintiff, and due to changes in

(5) No priority beneficiary shall transfer the status of the priority beneficiary during the trust period to any third party, change the name, or make any other disposition, such as the establishment of a pledge, against the right to benefit, without the prior consent of the defendant's living real estate trust.

Article 18 (Time to Dispose of Real Estate in Trust) (1) In the case of a trust falling under any of the following subparagraphs, even if before the expiration of the trust period, the trust real estate may be disposed of at the request of the first beneficiary:

1. The first beneficiary and the Plaintiff fail to comply with the credit transaction and the guaranteed obligation agreement; and

Since then, the Plaintiff, as a borrower or a joint and several surety, entered into a credit transaction agreement or a collateral guarantee agreement with Defendant Agricultural Cooperatives on April 30, 2010, September 10, 201, and April 30, 2012, respectively, and thereafter.