공탁금출급청구권확인의 소
1. Defendant Korea’s land trust corporation is the Seoul Central District Court No. 2014 Gold 13979, Jun. 27, 2014.
1. Basic facts
A. The trust agreement between Dong Youngdidi Co., Ltd. and Korea Land Trust Co., Ltd. 1) Dong Youngdididi Co., Ltd. (hereinafter “Dong Youngdidididico”).
The Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on June 24, 2008
B) Between Dong Young-gu and Dong Young-gu, a truster and beneficiary, and 54,00 square meters and 54,000 square meters and 567.5 square meters and 54 (hereinafter “each of the instant real estates”).
(1) The land trust is entrusted to the land trust and the land trust is a sale-type land trust agreement (hereinafter referred to as the “instant trust agreement”) with a purport to sell each of the instant real estate and apartment units on the ground by constructing new apartment units on the ground.
(2) On June 26, 2008, the registration of ownership transfer based on the instant trust agreement was completed in the future of the Korea Land Trust on June 26, 2008. (2) Of the instant trust agreement, the parts relating to the instant case are as follows.
Article 13 (Initial Beneficiary) The first beneficiary of this Trust shall be A (referring to Dong-young; hereinafter the same shall apply).
However, with the consent of B(Korea Land Trust, hereinafter the same shall apply), a third party can be the beneficiary.
Article 14 (Right to Benefit) (1) A beneficiary shall acquire trust proceeds calculated by the methods prescribed in the trust deed.
(2) A beneficiary shall receive the trust property at the time of termination or termination of the trust deed according to the prescribed method.
Article 16 (Transfer, Succession, or Establishment of Pledge on Rights to Benefit) (1) No beneficiary shall transfer, succeed, or establish a pledge on the rights to benefit without consent of B.
(2) A person who acquires or succeeds to a right to benefit shall succeed to the rights and duties of the beneficiary corresponding to the ratio of shares.
Article 19 (Payment of Expenses) (1) The following expenses shall be borne by A:
1. Taxes and public charges on trust property (value-added tax related to the implementation of a trust project, acquisition tax, registration tax, public charges, etc. following the registration for preservation of building), and registration fees;
2. The design and supervision costs and the construction cost;