수익금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 4, 2006, the Promotion Agency (hereinafter “Promotion Agency”) entered into a real estate security trust agreement between the Defendant and the National Agricultural Cooperative Federation (hereinafter “the National Agricultural Cooperative Federation”), the truster and beneficiary, and the trustee, with respect to the instant real estate (hereinafter “the instant trust agreement”). On the same day, the Defendant completed the registration of transfer of ownership for the instant real estate based on the said trust agreement with regard to the instant real estate. The main content of the instant trust agreement was as follows.
Article 1 (Purpose of Trust) The purpose of this Trust is to preserve and manage the trusted real estate in order to guarantee the management of ownership of real estate held in trust and the performance of obligations or responsibilities owed by the truster, and to liquidate and settle the trust real estate in case of default
Article 2 (Trust Period) (1) The trust period shall be as shown in Appendix 2-1, and the truster may extend the trust period in consultation with the trustee before the trust period expires.
Article 3 (Beneficiary) (1) The beneficiary under this trust agreement shall be as shown in Appendix 2-2.
(2) The truster may designate or change the beneficiary additionally with the consent of the trustee.
Article 4 ( Originals of Trust) The originals of Trust shall be the profits accrued from the management of money belonging to the trust property and others corresponding thereto, such as the trust property or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the trusted real estate, and the penalty arising in connection with the disposal procedure
Article 7 (Priority Rights of Preferential Beneficiaries) (1) The scope of the right to benefit held by the Preferential Beneficiary shall be limited to the loan principal and interest (including interest in delay) of the preferential Beneficiary whose increase or decrease has occurred due to credit transactions between the beneficiary and the debtor (Attachment 2-3) on the basis of the certificate of the right to benefit issued by the trustee.
(2)