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(영문) 서울중앙지방법원 2014.10.28 2013가합541417

사해행위취소

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(2) On November 25, 2010, the registration of ownership transfer was completed based on the foregoing trust as the receipt No. 167191 on November 25, 2010.

Of the terms of the instant trust agreement, the provisions pertaining to the instant case are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve and manage the trust real estate and to liquidate it in the event of default in order to ensure the performance of obligations or responsibilities to be borne by the same discussion as the ownership management of the trust real estate.

[Attachment 2] Main terms of the trust contract

1. Trust period: Amount equivalent to 123,50,000,000 won for the first priority beneficiary first priority bank from the date of conclusion of trust contract to the date of repayment of debts for the first priority beneficiary, which is KRW 34,50,000,000 for the second priority beneficiary bank of the second priority beneficiary bank of the third priority beneficiary bank of the fourth priority, which is KRW 34,50,000,000 for the fourth priority beneficiary bank of the fourth priority beneficiary of the Busan Bank of the Busan Bank of the amount equivalent to KRW 97,50,500,000 for the third priority beneficiary of the fourth priority beneficiary of the first priority beneficiary of the first priority; and

4. The maximum amount of preferential profit for each beneficiary and each beneficiary (only the part for the same building) * the maximum amount of preferential profit for each beneficiary 130% of the loan amount 130% of the special terms and conditions for the sale contract between the same building and the purchaser of trust real estate (including the purchaser of trust real estate) 3. The same building may request the trustee to dispose of it with the written consent of the fund manager and the first beneficiary.

In such cases, the request for the same discussion and the consent of the preferential beneficiary may be replaced by the fund manager, and the same discussion and the preferential beneficiary shall not raise any objection.

On December 3, 2010 with respect to the apartment complex 4 of this case, the same land was concluded on December 3, 2010 with the Industrial Bank and Busan Bank as the priority beneficiary for the same land, and on the same day, each registration of ownership transfer for the above apartment was completed to the defendant.

(f) The same agenda for the commencement of the same story program is in accordance with the Corporate Restructuring Promotion Act of December 30, 2010.