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(영문) 서울중앙지방법원 2015.01.15 2014가합14653

소유권이전등기등

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The Asan Comprehensive Development Co., Ltd. (hereinafter “Asan Comprehensive Development”) is an executor of the construction of “D Parking Building” on the ground of ASEAN (hereinafter “instant construction”), and the Italian Construction Co., Ltd. (hereinafter “Aria Construction”) is the contractor that contracts the instant construction from ASEAN Comprehensive Development.

B. On February 7, 2013, the Defendant entered into a security trust agreement (hereinafter “instant trust agreement”) with respect to each real estate (hereinafter “instant real estate”) including an aggregate building (hereinafter “instant real estate”) entered in the separate sheet, which is newly constructed by the Corporation between Asan General Development and Asan General Development. On February 18, 2013, the Defendant completed the ownership transfer registration on the instant real estate under the name of the Defendant with respect to the instant trust property under the name of the Defendant (the Daejeon District Court Decision No. 9484). The main contents of the instant trust agreement are as follows.

The Asan Comprehensive Development, which is a truster of the real estate security trust contract, shall conclude a real estate security trust contract as follows in accepting the trust real estate of this case under the trust of the defendant who is the trustee.

Article 1(Purpose of Trust) In order to ensure the fulfillment of obligations and responsibilities to be borne by the Asan Comprehensive Development, this trust is aimed at preserving the ownership and security values of real estate trusted through the defendant and realizing them through public auction or disposal in the event of default on the Asan Comprehensive Development.

Article 18 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, the defendant may dispose of the real estate in trust at the request of the priority beneficiary, even if before the expiration of the period of trust:

1. Credit transactions concluded between the first beneficiary and the debtor and the time of non-performance of the guaranteed obligation agreement;

2. Where the comprehensive development of ASEAN violates a trust deed;

3. Other necessities for realization, such as reduction of collateral value.

Article 24 (Termination of Trust and Liability) 1.