beta
(영문) 서울중앙지방법원 2017.09.25 2016가합579567

신탁보수지급

Text

1. The Defendants are the sum of “the amount indicated in the column” among the trust remuneration to be paid to the Plaintiff, and each of the above.

Reasons

1. Basic facts

A. On July 30, 2010, AMMA Co., Ltd. (hereinafter referred to as “AMA”) borrowed KRW 55,000,000 from the Korea Savings Bank (hereinafter referred to as “Korea Savings Bank”), the Gyeonggi Savings Bank, the Promotion Savings Bank, the Yong-Nam Savings Bank, the Youngnam Savings Bank, the Future Savings Bank, the Savings Bank, Sejong Mutual Savings Bank, the Solomon Savings Bank, the Solomon Mutual Savings Bank, the Solomon Savings Bank, the Solomon Savings Bank, the Solomon Savings Bank, and the Defendant Es&T Savings Bank (hereinafter referred to as “large Group”) for the lease and sale project for the remodeling of G&M on the ground (hereinafter referred to as “the instant project”), and the subject matter of the instant project was loaned KRW 55,00,000 for the purpose of the said project, and the G&M’s joint and several liability was set up by the M&A company and the M&A (hereinafter referred to as “Co., Ltd.”).

AMM entered into a real estate security trust contract (hereinafter “instant trust contract”) with the Plaintiff on the same day.

The purpose of this trust is to preserve the ownership and security value of real estate held in trust through the plaintiff and to liquidate the real estate in the event of the default of the AIM company in order to guarantee the fulfillment of the liabilities and liabilities borne by the AIM company.

Article 17 (Trust Remuneration) (1) Trust Remuneration shall be KRW 100,000,00.

(2) In addition to remuneration prescribed in paragraph (1), the amount of trust remuneration following the disposal of real estate held in trust shall be calculated by applying a separate standard based on the disposal amount of trust property separately from the remuneration prescribed in paragraph (1).

Article 18 (Time to Dispose of Real Estate in Trust) (1) The plaintiff shall terminate the trust period in any of the following cases: