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(영문) 서울중앙지방법원 2020.05.22 2019가합3832

우선수익권자지위확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including those resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On January 12, 2007, the Defendant and the Defendant entered into a real estate security trust agreement with the company G (the maximum amount of preferential right to benefit of KRW 18.2 billion) and H (the maximum amount of preferential right to benefit of KRW 2.6 billion) as the first beneficiary with respect to the 55 square meters of the F in Ulsan-gu, Ulsan-gu, Seoul-gu, and the Defendant entered into a real estate security trust agreement with the Defendant as follows with respect to the 1st beneficiary. Under the real estate security trust agreement as above, the Defendant issued the certificate of beneficial right of KRW 15.3 billion and the certificate of beneficial right of KRW 18.5 billion with respect to the 18.5 billion with respect to the 25th beneficiary.

(hereinafter referred to as the “instant trust deed” in total with respect to the certificate of beneficial rights issued as above. Article 7 (Certificate of Beneficial Rights) ① A trustee may, at the request of a truster or the preferential beneficiary, issue a certificate of beneficial rights to prove this trust deed and deliver it to the truster or the preferential beneficiary.

(2) A trustee shall issue a certificate of right to benefit in the future of the preferential beneficiary within the price of real estate after completing the registration of trust and the insurance report on trust real estate.

Article 8 (Priority Rights of Preferential Beneficiaries) (5) No priority beneficiary shall transfer his/her status as the priority beneficiary during the trust period to any third party or change his/her name, or make any other disposition, such as the establishment of a pledge, against the right to benefit.

B. I changed its trade name to J Co., Ltd. (hereinafter “J”), and merged K Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the assertion is that J, the priority beneficiary under the instant trust agreement, obtained prior consent from the Defendant, the trustee, and is entitled to preferential benefit to L Co., Ltd.