beta
(영문) 서울중앙지방법원 2015.01.21 2013가합545297

가등기말소

Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant’s branch office of Suwon District Court for the branch office of Sung-nam Branch on March 2013.

Reasons

1. Basic facts

A. On June 29, 1995, Samdi C&C Co., Ltd. (hereinafter “Madi C&C”) newly constructed the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust Co., Ltd.”) and Dmiscellaneous 27,308,000 square meters of ground reinforced concrete structure 4, 7th floor above ground, and complex buildings (hereinafter “instant building”) with the aim of leasing, managing, and operating it as trust property, and concluded a land trust agreement with the purport of leasing, managing, and operating it as trust property.

(A) The Trust Contract of this case (hereinafter referred to as the "Trust Contract of this case") is a truster and a beneficiary, a trustee, and a trustee.

Attached Form

On November 29, 2000, the registration of preservation of ownership of the instant building, including the real estate recorded in the list (hereinafter “instant real estate”), was completed on November 29, 200, and on June 2, 2003, Korea-Japan declared bankrupt.

C. On October 24, 2011, the Plaintiff was appointed as a new trustee with respect to the trust affairs based on the instant trust agreement (No. 201-dan9), and on December 21, 2011, the Plaintiff completed the registration of ownership transfer based on the sectional ownership of the instant building, including the instant real estate, on October 24, 201.

The interested parties to the instant trust agreement applied for the appointment of trust property administrator as the Suwon District Court Branch 2012MoMo3, Sung-nam Branch 2012, on the grounds that the Plaintiff’s interests conflict between the trustee and the beneficiary by managing the trust property for only one of the creditors of the trust property. The said court appointed F on November 30, 2012 as trust property administrator.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5-1, 4, 5, 6, 7-2, and the purport of the whole pleadings

2. If the Plaintiff’s Intervenor’s motion for intervention is sought to assist one of the parties in a specific litigation case, he/she shall have an interest in the outcome of the relevant litigation.